Stokoe v. Marcum & Kliegman LLP

Order, Supreme Court, New York County (Melvin L. Schweitzer, Ref.), entered March 24, 2015, which, insofar as appealed from, denied defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

In this accounting malpractice action alleging that defendants failed to uncover fraudulent activity by plaintiffs’ insolvents’ investment manager, the motion court correctly declined to apply the doctrine of in pari delicto to bar the action; contrary to defendants’ understanding of the order on appeal, the doctrine is applicable to accounting malpractice claims (see Kirschner v…