Narrative Opinion Summary
In a case concerning accounting malpractice, the defendants appealed an order from the Supreme Court, Nassau County, which granted the plaintiffs partial summary judgment on liability and denied the defendants' cross motion for summary judgment on their counterclaims for accounting fees. The appellate court affirmed the order, with costs. The court found that the plaintiffs' motion for partial summary judgment was justified, as the defendant Harvey Mendelsohn was aware that the plaintiff Le Cafe Creme, Ltd. had failed to timely elect to be taxed as a small business corporation under subchapter S of the Internal Revenue Code when preparing the plaintiffs’ 1989 tax returns. Additionally, the court upheld the denial of the defendants' cross motion for summary judgment on their counterclaims, noting that there were triable issues of fact regarding the amount owed by the plaintiffs for accounting services. Judges Mangano, Copertino, Joy, and Florio concurred in the decision.
Legal Issues Addressed
Denial of Summary Judgment on Counterclaims for Accounting Feessubscribe to see similar legal issues
Application: The court denied the defendants' motion for summary judgment on their counterclaims for accounting fees due to unresolved factual disputes about the amount owed.
Reasoning: Additionally, the court upheld the denial of the defendants' cross motion for summary judgment on their counterclaims, noting that there were triable issues of fact regarding the amount owed by the plaintiffs for accounting services.
Summary Judgment in Accounting Malpracticesubscribe to see similar legal issues
Application: The court affirmed the grant of partial summary judgment for the plaintiffs, determining that the defendant was negligent in failing to elect the appropriate tax status, which justified the plaintiffs' claim.
Reasoning: The court found that the plaintiffs' motion for partial summary judgment was justified, as the defendant Harvey Mendelsohn was aware that the plaintiff Le Cafe Creme, Ltd. had failed to timely elect to be taxed as a small business corporation under subchapter S of the Internal Revenue Code when preparing the plaintiffs’ 1989 tax returns.