SERINO v. LIPPER

604396/02

123 A.D.3d 34 (2014)

994 N.Y.S.2d 64

2014 NY Slip Op 06551

MATTHEW SERINO et al., Plaintiffs, v. KENNETH LIPPER, Appellant, and PRICEWATERHOUSECOOPERS LLP, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

September 30, 2014.


Attorney(s) appearing for the Case

Morvillo Abramowitz Grand Iason & Anello P.C., New York City ( Elkan Abramowitz , Benjamin S. Fischer and Dana M. Delger of counsel), for appellant.

Orrick, Herrington & Sutcliffe LLP, New York City ( J. Peter Coll, Jr. , Steven J. Fink and Kristen R. Fournier of counsel), for respondent.

TOM, J.P., RENWICK and CLARK, JJ., concur.


OPINION OF THE COURT

GISCHE, J.

In this complex, multiparty litigation, extending over a period of 12 years, the only issues awaiting final adjudication are defendant Kenneth Lipper's cross claims against codefendant PricewaterhouseCoopers LLP (PwC), sounding in fraud, negligence/malpractice, breach of contract, breach of fiduciary duty,1 and negligent misrepresentation.

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