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SYMBOL TECH. v. DELOITTE

2008-06642

69 A.D.3d 191 (2009)

888 N.Y.S.2d 538

SYMBOL TECHNOLOGIES, INC., Appellant, v. DELOITTE & TOUCHE, LLP, Respondent.

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

Decided October 27, 2009.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, Melville (Michael G. Kruzynski, Thomas J. Dargan and Steven & Lee, P.C. [Daniel B. Huyett and William P. Thornton, Jr.] of counsel), for appellant.

Skadden, Arps, Slate, Meagher & Flom, LLP, New York City (Jay B. Kasner, Gregory A. Litt and Robert A. Fumerton of counsel), and Lamb & Barnosky, LLP, Melville (Scott M. Karson of counsel), for respondent (one brief filed).

Ordered that the order is modified, on the law and the facts, by deleting the provision thereof granting that branch of the motion which was to dismiss the first cause of action and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

OPINION OF THE COURT

AUSTIN, J.

In this action, inter alia, to recover damages for accounting malpractice, the plaintiff Symbol Technologies, Inc. (hereinafter Symbol), alleges, among other things, that the defendant, Deloitte & Touche, LLP (hereinafter Deloitte), in the annual audits it conducted for the fiscal years 1998 through 2001, failed to discover the fraud perpetrated by several members of Symbol...

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