Berg v. Eisner LLP

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered February 28, 2011, which granted defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff claims that defendants committed accounting malpractice by failing to inform him of a possible tax election that would have allowed him to write off a large portion of his securities trading losses. Given the parties’ accountant-client relationship, the scope of defendants’ duty to plaintiff is no narrower than the terms of the parties’ agreement, and may be…