ALBANY – The state Court of Appeals under Chief Judge Jonathan Lippman continues to defy definition as pro- or anti-business, pro- or anti-defendant or pro- or anti-plaintiff, Court observers say.
Taking as an example two of the more significant commercial rulings from the 2010-11 term between July 2010 and June 2011, the judges held in Kirschner v. KPMG LLP, 15 NY3d 446 (2010), that New York law does not permit investors’ lawsuits against third party professionals, such as auditors and attorneys, even if negligence or collusion by the third parties resulted in corporate malfeasance.
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