MMP&S Wins Second Motion to Dismiss in Accounting Malpractice Case

In Black, et al. v. Dain, et al., MMP&S successfully opposed plaintiffs’ motion to reconsider a judge’s Order, granting MMP&S’ motion to dismiss all claims against our client, an accountant. In short, plaintiffs alleged that our client, a Colorado-based forensic accountant, was involved in an alleged “scheme” to defund and misappropriate trust assets. Plaintiffs argued that, contrary to the Court’s Order, the accountant’s contacts with the State of New York were sufficient enough to subject her to litigation in the United States District Court for the Eastern District of New York. The Court agreed with MMP&S’ opposition that plaintiffs had failed to cite controlling authority that would justify reconsideration of Judge Amon’s Order and, in any event, plaintiffs had (again) failed to demonstrate that the Eastern District of New York had jurisdiction over our client under New York’s “long-arm” statute.

Practice Area