HOFFMAN v. RSM US LLP

8245. 150620/16.

169 A.D.3d 522 (2019)

94 N.Y.S.3d 265

2019 NY Slip Op 01172

Eli Hoffman, as Receiver to and on Behalf of Cobalt Asset Management, L.P., Respondent, v. RSM US LLP et al., Appellants, et al., Defendants.

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

Decided February 19, 2019.


Plaintiff, as receiver to Cobalt Asset Management, L.P. (CAM), alleges that defendants, tax preparers/accountants for CAM and its former general partner, nonparty Charles Thompson, aided and abetted Thompson's looting of CAM's assets for his personal benefit.

The motion court correctly declined to dismiss the aiding and abetting fraud claim on statute of limitations grounds, despite mistakenly ruling that defendant RSM's engagement letters required CAM to have actual...

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