Gerber Trade Finance, Inc. v. Skwiersky, Alpert & Bressler, LLP
Cases that cite this one
7 later published cases cite this decision.
- Talon Air Services LLC v. CMA Design Studio, P.C. (Appellate Division of the Supreme Court of New York 2011)
- In re Parmalat Securities Litigation (District Court, S.D. New York 2007)
- ALDRIDGE, M.D., JANERIO v. BRODMAN, M.D., RICHARD F. (Appellate Division of the Supreme Court of New York 2012)
- Garcia v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Garcia v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Bullmore v. Ernst & Young Cayman Islands (New York Supreme Court 2008)
- Machado v. Clinton Housing Development Co. (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 (Charles Edward Ramos, J.), entered April 15, 2004, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
This is an action for negligence and negligent misrepresentation. Defendant is the accountant that prepared financial statements for the now-defunct Serrano, L.L.C., allegedly based on a faulty audit it had conducted of that company in 1999. Based on those statements, plaintiff continued to advance loans to Serrano. It is clear that plaintiff failed to raise a triable issue of fact as to whether defendant’s alleged negligence was a proximate cause of plaintiffs losses (see Laub v Faessel, 297 AD2d 28, 31 [2002]). The evidence clearly shows that Serrano failed because its biggest customer, K-Mart, had canceled two large purchase orders, causing Serrano’s ultimate financial ruin nearly two years after the alleged accounting error in 1999.
Plaintiffs expert’s report and affidavit were also insufficient to raise a triable issue as to defendant’s alleged negligence. Essentially, plaintiffs expert opined that certain credits granted to Serrano were “fictitious” and thus improperly used to reduce accounts payable, leading to the audit reflection of a profit instead of a loss for 1999. However, this expert’s conclusions are unsupported by facts, they are dependent on his personal opinion rather than on accounting principles, and are at odds
Case-law data current through September 30, 2026. Source: CourtListener bulk data.