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ASKENAZY v. KPMG LLP

No. 12-P-863.

83 Mass. App. Ct. 649 (2013)

DOROTHY ASKENAZY & others v. KPMG LLP & others.

Appeals Court of Massachusetts, Suffolk.

May 23, 2013.

Attorney(s) appearing for the Case

Gary F. Bendinger, of New York (Gregory G. Ballard, of New York, & Lisa C. Wood with him) for KPMG LLP.

Jeff Ross, of Minnesota, for the plaintiffs.

Present: BERRY, FECTEAU, & CARHART, JJ.

FECTEAU, J.

KPMG LLP (KPMG) appeals from the denial, by a judge of the Superior Court, of its motion to compel arbitration, pursuant to G. L. c. 251, § 18(a)(1). KPMG claims error in the judge's order on the ground that the plaintiffs' claims are derivative, and thus the plaintiffs ought to be bound by KPMG's engagement letters with Tremont Partners, Inc. (Tremont Partners), and Tremont Capital Management, Inc. (Tremont Capital), which provided arbitration...

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