RUBIN v. DUNCAN, FISH & VOGEL, LLP

10214, 154131/15.

176 A.D.3d 609 (2019)

109 N.Y.S.3d 637

2019 NY Slip Op 07727

Margery Rubin et al., Plaintiffs, v. Duncan, Fish & Vogel, L.L.P., et al., Defendants. Duncan, Fish & Vogel, L.L.P., et al., Third-Party Plaintiffs-Respondents, v. Peter A. Morales, CPA, P.C., et al., Third-Party Defendants-Appellants.

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

Decided October 29, 2019.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Evan H. Krinick of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Christopher J. Rados of counsel), for respondents.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.


Defendants asserted in their answer an affirmative defense to reduce any damages awarded in favor of plaintiff by the comparative negligence of plaintiff's agents, servants or employees. Defendants later commenced a third-party action for contribution against third party-defendants, who had prepared the tax returns for plaintiff. Because the affirmative defense may or may not include these accountants as plaintiff's agents, servants or employees, the third-party claim is...

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