DARBY SCOTT, LTD. v. MICHAEL S. LIBOCK & CO. LLC CPAS

Index No. 653044/13. Appeal No. 16389. Case No. 2021-00433.

210 A.D.3d 582 (2022)

177 N.Y.S.3d 474

2022 NY Slip Op 06746

Darby Scott, Ltd., Appellant, v. Michael S. Libock & Co. LLC CPAs et al., Respondents.

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

Decided November 29, 2022.


Attorney(s) appearing for the Case

O'Hare Parnagian LLP, New York (Robert A. O'Hare, Jr. of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York (Mark K. Anesh of counsel), for respondents.

Concur—Gische, J.P., Kern, Gesmer, Rodriguez, Pitt, JJ.


Order, Supreme Court, New York County (Robert D. Kalish, J.), entered on or about December 31, 2020, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

The record presents issues of fact as to whether the continuous representation doctrine applies to render plaintiff's accounting malpractice claim timely—namely, whether the work by defendants' representatives...

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