I. Appel Corp. v. Mahoney Cohen & Co.
Cases that cite this one
3 later published cases cite this decision.
- Feinberg v. Boros (Appellate Division of the Supreme Court of New York 2012)
- Feinberg v. Boros (Appellate Division of the Supreme Court of New York 2012)
- Feinberg v. Boros (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, New York County (Marilyn Shafer, J.), entered March 22, 2001, which, to the extent appealed from as limited by the brief, granted defendants’ motion pursuant to CPLR 3211 (a) (5), dismissing portions of the first, second, and third causes of action relating to the 1995 financial statement of plaintiff I. Appel Corporation, unanimously affirmed, with costs.
In this action for accounting malpractice, the motion court properly dismissed those portions of the complaint that pertained to the 1995 financial statement of I. Appel Corporation. The issue of whether plaintiff Feinberg had relied on the 1995 financial statement prepared by defendants was fully litigated in an arbitration proceeding brought by Feinberg, in which the arbitrators found that plaintiff Feinberg had not relied on the 1995 financial statement. That finding precludes relitigation of the issue (see, Matter of American Ins. Co. [Messinger], 43 NY2d 184; Kaufman v Eli Lilly & Co., 65
Case-law data current through December 31, 2025. Source: CourtListener bulk data.