Legal Opinion · Dissent

Williamson ex rel. Lipper Convertibles, L.P. v. PricewaterhouseCoopers LLP

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 2006Published

1DissentAndrias, J.

We respectfully dissent and would affirm, on timeliness grounds, the dismissal of the negligence-based causes of action against PricewaterhouseCoopers premised on audits it conducted from 1995 through 1999. Inasmuch as these were discrete audits conducted on a year-to-year basis, the continuous representation doctrine does not apply to alter the accrual date of these causes of action (see Levin v PricewaterhouseCoopers, 302 AD2d 287 [2003]).

*186The majority alludes to “a critical factual distinction” between Levin and the present case, viz., that there, unlike here, three years had passed between…

2Cases cited4 opinions

  1. Ackerman v. Price WaterhouseAppellate Division of the Supreme Court of the State of New York · 1998
  2. Davis & Davis, P. C. v. MorsonAppellate Division of the Supreme Court of the State of New York · 2001
  3. Duke Media Sales, Inc. v. Jakel Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Levin v. Pricewaterhouse-Coopers, LLPAppellate Division of the Supreme Court of the State of New York · 2003

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