DEANE EX REL. BIG MACHINE AGENCY LLC v. BRODMAN

150373/17. Appeal No. 13443. Case No. 2020-03359.

192 A.D.3d 577 (2021)

2021 NY Slip Op 01842

Gary K. Deane, Individually and Derivatively on Behalf of Big Machine Agency LLC, Respondent, v. Howard G. Brodman, C.P.A., et al., Appellants, et al., Defendant.

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

Decided March 25, 2021.


Attorney(s) appearing for the Case

Goldberg Segalla LLP, New York ( Christopher F. Lyon of counsel), for appellants.

The Heppt Law Office, PLLC, Port Washington ( Joseph M. Heppt of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.


Defendants are entitled to summary judgment dismissing the professional negligence claims asserted against them as plaintiff has not offered evidence of a departure from a recognized and accepted professional standard for accountants. "A party alleging a claim of accountant malpractice must show that there was a departure from the accepted standards of practice" (KBL, LLP v Community Counseling & Mediation Servs., 123 A.D.3d 488

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