Legal Opinion
Penner v. Hoffberg Oberfest Burger & Berger
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2003PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis York, J.), entered on or about April 16, 2002, which, to the extent appealed from, granted defendants’ motion pursuant to CPLR 3211 insofar as to dismiss plaintiff’s claims for back taxes and interest and his ninth through twelfth causes of action, unanimously affirmed, with costs.
Plaintiff’s malpractice claims against defendant accountants for back taxes and interest were properly dismissed, since plaintiffs tax liability was not attributable to an act or omission on defendants’ part (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 422-423…
2Cases cited6 opinions
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Sage Realty Corp. v. Proskauer Rose L. L. P.Appellate Division of the Supreme Court of the State of New York · 1998
- Alpert v. Shea Gould Climenko & CaseyAppellate Division of the Supreme Court of the State of New York · 1990
- David Bruce McMahan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1997
- Estate of Nevelson v. Carro, Spanbock, Raster & CuiffoAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Murray Hill Investments, Inc. v. Parker Chapin Flattau & Klimpl, LLPAppellate Division of the Supreme Court of the State of New York · 2003
- Hsu v. Liu & Shields LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Hoffman v. RSM US LLPAppellate Division of the Supreme Court of the State of New York · 2019