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Kirschner v. KPMG LLP

New York Court of Appeals


January 19, 2010

MARC S. KIRSCHNER, AS TRUSTEE OF THE REFCO LITIGATION TRUST, APPELLANT,
v.
KPMG LLP, GRANT THORNTON LLP, MAYER BROWN LLP, INGRAM MICRO INC., CIM VENTURES INC., WILLIAM T. PIGOTT, MAYER BROWN INTERNATIONAL LLP, PRICEWATERHOUSECOOPERS LLP, LIBERTY CORNER CAPITAL STRATEGIES, LLC, BANC OF AMERICA SECURITIES, LLC, CREDIT SUISSE SECURITIES (USA) LLC, AND DEUTSCHE BANK SECURITIES, INC., RESPONDENTS,
BECKENHAM TRADING COMPANY, INC., ANDREW KRIEGER, ERNST & YOUNG LLP, TONE N. GRANT, ROBERT C. TROSTEN, REFCO GROUP HOLDINGS, INC., PHILLIP R. BENNETT, SANTO C. MAGGIO, EMF FINANCIAL PRODUCTS, DELTA FLYER FUND, LLC, AND ERIC M. FLANAGAN, DEFENDANTS.

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.27 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

20100119

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