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CONWAY v. MARCUM & KLIEGMAN LLP

10047, 652236/14.

176 A.D.3d 477 (2019)

110 N.Y.S.3d 695

2019 NY Slip Op 07338

Simon Conway et al., Appellants, v. Marcum & Kliegman LLP et al., Respondents.

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

Decided October 10, 2019.

Attorney(s) appearing for the Case

Reid Collins & Tsai LLP, New York ( Jeffrey E. Gross of counsel), for appellants.

L'Abbate, Balkan, Colavita & Contini, L.L.P., Garden City ( Anthony P. Colavita of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, JJ.

In this accounting malpractice action, plaintiffs, the liquidators of several hedge funds, allege that defendants failed to uncover fraudulent activity by the funds' investment managers. The issue before us is whether the adverse interest exception to the equitable defense of in pari delicto bars the defense in this case (see Kirschner v KPMG LLP, 15 N.Y.3d 446 [2010]). We find that plaintiffs...

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