Penner v. Hoffberg Oberfest Burger & Berger

Order, Supreme Court, New York County (Louis B. York, J.), entered July 6, 2006, which, in an action for accounting malpractice, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiffs cause of action seeking to recover the fees he paid to other accountants in connection with audits of his 1994, 1995 and 1996 tax returns was properly dismissed. We find that the “potential for abuse and mistake” in plaintiffs tax returns was “red-flagged” to the IRS not, as plaintiff claims, by defendants’ alleged malpractice in taking improper…