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MATTER OF KPMG LLP v. KIRSCHNER

11400N.

182 A.D.3d 484 (2020)

122 N.Y.S.3d 18

2020 NY Slip Op 02286

In the Matter of KPMG LLP, Respondent, v. Marc S. Kirschner, as Trustee of the Millennium Corporate Claim Trust and the Millennium Lender Claim Trust, Appellant.

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

Decided April 16, 2020.

Millennium Lab Holdings, Inc. and Millennium Lab Holdings II, LLC (Millennium Holdings, LLC), pursuant to an engagement letter, retained petitioner KPMG LLP to audit their financial statements for certain time periods. The engagement letter contained a clause requiring arbitration of "[a]ny dispute or claim arising out of or relating to this Engagement Letter or the services provided hereunder."

In 2014, Millennium Holdings, LLC and Millennium Laboratories, LLC (collectively...

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