Moonie v. Lynch

BRAY, J. *

Defendant appeals from judgment dismissing a cross-complaint for alleged malpractice of an accountant, after demurrer sustained without leave to amend on ground that the alleged cause of action is barred by the statute of limitations.

Question Presented

Does the statute of limitations in an action for alleged malpractice by an accountant start to run from the alleged negligent act, from discovery of the negligence, or from the date when defendant was notified of the income tax penalty assessment ?

May 15, 1963, plaintiff David L. Moonie, a certified public accountant, filed an action…