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LASALLE BANK v. ERNST & YOUNG

285 A.D.2d 101 (2001)

729 N.Y.S.2d 671

LASALLE NATIONAL BANK et al., Respondents, v. ERNST & YOUNG L. L. P., Appellant.

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

August 9, 2001.

Attorney(s) appearing for the Case

David Smith of counsel (M. Christine Carty, Lisa M. Cobb, Christina Rainville and Theresa E. Loscalzo on the brief; Schnader Harrison Segal & Lewis, L. L. P., attorneys), for respondents.

Bruce M. Cormier of counsel (Patricia A. Connell, Irvin B. Nathan, Leonard H. Becker, Kent A. Yalowitz and Alan S. Rabinowitz on the brief; Ernst & Young, L. L. P., and Arnold & Porter, attorneys), for appellant.

SULLIVAN, P. J., NARDELLI, WILLIAMS and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

TOM, J.

In this case we return to the recently active legal area of the negligence liability of accountants to third parties with whom they are not in privity. Here, we examine the element of "linkage" required by the third prong of the Credit Alliance test (Credit Alliance Corp. v Arthur Andersen & Co., 65 N.Y.2d 536), and more recently...

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