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STOKOE v. MARCUM & KLIEGMAN LLP

43, 652236/14

135 A.D.3d 645 (2016)

24 N.Y.S.3d 267

2016 NY Slip Op 00587

IAN STOKOE et al., Respondents, v. MARCUM & KLIEGMAN LLP et al., Appellants.

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

Decided January 28, 2016.

In this accounting malpractice action alleging that defendants failed to uncover fraudulent activity by plaintiffs' insolvents' investment manager, the motion court correctly declined to apply the doctrine of in pari delicto to bar the action; contrary to defendants' understanding of the order on appeal, the doctrine is applicable to accounting malpractice claims (see Kirschner v KPMG LLP, 15 N.Y.3d 446 [2010]).

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