Simon v. Ernst & Young
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Harold Tompkins, J.), entered September 19, 1995, which, in an action for negligence and fraud by defendant accountant firm in connection with its certification of a nonparty’s financial statements, granted defendant’s motion for failure to state a cause of action only insofar as punitive damages were sought, unanimously modified, on the law, to the extent of dismissing the negligence causes of action as well, and otherwise affirmed, without costs.
The claim for punitive damages was properly dismissed in the absence of allegations of a public wrong (see,…
2Cases cited7 opinions
- Security Pacific Business Credit, Inc. v. Peat Marwick Main & Co.New York Court of Appeals · 1992
- Curiale v. Peat, Marwick, Mitchell & Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Kidd v. HavensAppellate Division of the Supreme Court of the State of New York · 1991
- Weinberger v. KendrickDistrict Court, S.D. New York · 1978
- Joel v. WeberAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by4 opinions
- Houbigant, Inc. v. Deloitte & Touche, LLPAppellate Division of the Supreme Court of the State of New York · 2003
- Foothill Capital Corp. v. Grant Thornton, L. L. P.Appellate Division of the Supreme Court of the State of New York · 2000
- Rotterdam Ventures, Inc. v. Ernst & Young, LLPAppellate Division of the Supreme Court of the State of New York · 2002
- Serio v. PricewaterhouseCoopers LLPAppellate Division of the Supreme Court of the State of New York · 2004