Kraus-Cohn Joint Venture v. Bernfeld

—Order, Supreme Court, New York County (Herman Cahn, J.), entered March 14, 1997, which denied plaintiffs’ motion for partial summary judgment and granted defendant’s cross motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiffs, limited partners of the Gentry Company, seek to hold defendant liable for failing, during the course of preparing Gentry’s tax returns, to discover and report a fraud upon them by their general partner. According to defendant’s expert, however, whose testimony as to the applicable standard of care was essentially undisputed and supported by…