FKB’s Mike Furman and Christopher D. Skoczen prevailed on a pre-answer motion to dismiss a complaint alleging fraud and breach of fiduciary duty against FKB’s client, a well-regarded accounting firm, arising from a commercial dispute.  The plaintiff alleged that the accountant made misrepresentations regarding the plaintiff’s obligations to a lender and breached his fiduciary duty to the plaintiff due to an alleged conflict of interest.

FKB forcefully argued that the plaintiff’s complaint failed to state valid causes of action for fraud or breach of fiduciary duty against FKB’s client.  FKB also demonstrated that the documentary evidence rebutted plaintiff’s claim of misrepresentations, any alleged conflict of interest, and plaintiff’s claim that the statute of limitations was tolled.  The Westchester County Supreme Court agreed and dismissed the action against FKB’s client in its entirety.

If you have any questions about this decision, or the defense of accountants in general, please contact Mike Furman or Christopher D. Skoczen.