Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Fred Smith Plumbing and Heating Co. v. Christensen
Citations: 242 A.D.2d 429; 662 N.Y.S.2d 248; 1997 N.Y. App. Div. LEXIS 8610
Court: Appellate Division of the Supreme Court of the State of New York; September 11, 1997; New York; State Appellate Court
The Supreme Court of New York County, under Judge Elliott Wilk, issued an order on March 12, 1997, reversing a prior decision that denied the plaintiff's motion for partial summary judgment to strike the defendant's second affirmative defense. The court granted the motion and ordered costs in favor of the plaintiff. This case is connected to Smith Plumbing Heating Co. v. Christensen, where a similar appeal addressed the timeliness of accounting malpractice claims under CPLR 214 (6). The court noted that defendants provided continuous accounting services to the plaintiff from August 1990 until their discharge in May 1992, during which they allegedly failed to give adequate advice regarding executive compensation and Subchapter S status. As a result, the court found that the affirmative defense based on the Statute of Limitations was invalid and thus struck down. The decision was concurred by Judges Sullivan, Rosenberger, Wallach, and Tom.