Cannonball Fund, Ltd. v. Marcum & Kliegman

Appeal from order, Supreme Court, New York County (Bernard J. Fried, J.), entered April 6, 2012, which, in this action alleging auditor malpractice, granted defendant’s motion to dismiss the complaint, deemed an appeal from judgment, same court and Justice, entered May 15, 2012, dismissing the complaint (CELR 5501 [c]), and so considered, said judgment unanimously affirmed, with costs.

The court cited and applied the correct standard of review in adjudicating plaintiffs’ motion (see e.g. Maas v Cornell Univ., 94 NY2d 87, 91 [1999]). It cited extensively to the allegations in the complaint,…