BREAN MURRAY, CARRET & CO. v. MORRISON & FOERSTER LLP

7503. 651024/16.

165 A.D.3d 582 (2018)

87 N.Y.S.3d 178

2018 NY Slip Op 07238

Brean Murray, Carret & Co., Appellant, v. Morrison & Foerster LLP, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 30, 2018.


According to the February 2016 complaint, plaintiff was co-lead underwriter of a public offering of stock by Puda Coal, Inc., whose principal asset was its 90% interest in Shanxi Coal. Defendant was retained as counsel for the underwriters to conduct due diligence, but allegedly failed to detect and inform plaintiff that Puda no longer possessed that 90% interest.

The malpractice claim was properly dismissed as time-barred (see CPLR 214 [6]), and the doctrine...

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