Legal Opinion
Cherry v. Joseph S. Herbert & Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1995PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Ross, J.
This appeal involves an action for negligence and fraud commenced by the plaintiffs against the defendant accounting firm. The dispositive issue presented concerns whether the trial court should have granted renewal of defendant’s previously denied motion to dismiss plaintiffs’ complaint pursuant to CPLR 3211 (a) (7), based upon defendant’s so-called "new discovery” in the action and in light of the Court of Appeals decision in Security Pac. Bus. Credit v Peat Marwick Main & Co. (79 NY2d 695). For the following reasons we hold that the defendant’s motion for, inter…
2Cases cited4 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Becker v. SchwartzNew York Court of Appeals · 1978
- Security Pacific Business Credit, Inc. v. Peat Marwick Main & Co.New York Court of Appeals · 1992
- Associated Mutual Insurance v. Dyland Tavern, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
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- Imprimis Investors, LLC v. KPMG Peat Marwick LLPMassachusetts Appeals Court · 2007
- Parrott v. Coopers & Lybrand, L. L. P.Appellate Division of the Supreme Court of the State of New York · 2000
- Agron v. Response Vehicle, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Black v. Bronx Lebanon Special Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2000