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MOCATTA METALS CORP v PEAT MARWICK MAIN & CO Click to find out why . . .



Keywords & Phrases
CaseNo: MMVPC114757, CourtCode: SU, CourtName: NEW YORK STATE SUPERIOR COURT WEEK OF, Plaintiff: MOCATTA METALS CORP, State: NY New York, UniqueCaseRef: LCD>MMVPC114757, Mocatta, Peat Marwick, Accounts, York, Sohnen Accounts, Coins, Acts, Mocatta Metals Corporation, Financial Statements, Collateralization, Complaint, Audits, Trades, Fraudulent, Auditing Procedures, Precious Metals, Iron Mountain, Marwick Violated Sas, Accounting, Gaas, Accordance, Unauthorized Computer Entry, Examinations, Irregularities, Evidential Matter, Supreme Court, County, Counsel Mudge Rose, Peat, Marwick, Named Defendant, Rtuamon, Serve, Appearance, Summons, Respondent, Nature , ContentID: 120243604

Case Documents
1   TITLE
[ see first page and extracted highlights below  ] ItemID: 115913
2 pages
PDF
2   SUMMONS
[ see first page and extracted highlights below  ] ItemID: 115912
2 pages
PDF
3   VERIFIED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 108841
20 pages
PDF
Total Documents: 3 documents , 24 pages
Price: $ 29.95


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1 . TITLE

EXTRACTED KEY WORDS
NATURE
SPECIAL PROCEEDING
 t i  46-3004R-175M-61

                              COUNTY  CLERK,  NEW  YORK  COUNTY
                  Application              for  INDEX  NUMBER  pursuant                  to 
                  C.P.L.R.

                                                      FEE  $35.00                                  
                                                                                                   
                                                                                                   
                                                                                                   
                  Spaces         below        to  be  TYPED  or  PRINTED              by  applicant
 write     in  this  spare
                                                                                                   
                               --
                                                     TITLE  OF  ACTION  OR  PROCEEDING             
K  ONE
                            MOCATTA             METALS           COi$`C>RAT  1.UN  AiJSlr
           yN;lMER
                                                                                                   

                            THE  MO(CRTTA  COHPUSAY'I'3N
           TRANSACTION
                                                                                                   
 NOT

.CX        E;#MER

           TRANSACTION





   Name  and  address  of
   Attorney                for  Plaintiff         ivludge         ltose     Gucll~~le           Al 
  or  Petitioner.                                  180        Maiden        Lane,          New 

  Telephone  No.                                   (212)          510--7UOO
  Name  and  address  of
  Attorney                 for  Defendant
  or  Respondent.
  Telephone  No.
  A.  Nature  and  object  of  action  or  /ureach                                         -of 
                                                                                                   

              Nature  of  special  proceeding  __-_____-_


  B.  Application                   for  Index  Number  filed  by:                      Plaintiff 
SNIPPETS:
  • or Respondent.
  • Nature of special proceeding __-_____-_

  • 2 . SUMMONS

    EXTRACTED KEY WORDS
    MOCATTA METALS CORPORATION
    PEAT
    MARWICK
    NAMED DEFENDANT
    RTUAMON
    SERVE
    APPEARANCE
    PLAINTIFF
    SUMMONS
    YORK
    
                                                                                       Corv",B"f     
    C..      LAW     BLANK
                                                                                                       
     BROADWAY,                 N.  Y.  C.  1
    
    
    
                                                                                                       
    nates
                                                                                                       
                                                                                                       
    MOCATTA  METALS  CORPORATION  AND
    THE  MOCATTA  CORPORATION,                                                                         
                                                                                                       
              Place                 of  Bu:
                                                                                       PlaintitFs
                                                   against
    PEAT,  MARWICK,  MAIN  G  CO.,
                                                                                                       
                                                                                                       
                                 Center
                                                                                                       
       New  York                           100
                                                                                  Refendaat            
     To the above  named  Defendant
    
                                                                               to  answer  the 
     of  your  answer,  or,  if  the  complaint  is  not  served  with  this  rtuamon~,  to  serve  a 
     Attomedd          within      20        days after  the service of  this summons, exclusive  of 
     after  the  service  is complete if  this summons is not  personally  delivered  to you  within 
     case  Of  Your  failure  to  appear  or  answer,  judgment  will  be  taken  against  you  bi 
    ef               demanded             herei
    
     Dated,       May  5,  1987
     Defendant's address:                345  Park  Avenue                                             
    iff
                                         New  York,        New  York          10154                    
     Notice:  The object  of  this  action  is          Auditor's         malpractice                  
                                                                                                       
             &  Ferdon
                                                                                                       
             Lane
                                                                                                       
            New  York                      100
     Thcrefiefsougkis             at  least           $15,000,000           as  set  forth             
      complaint.
    
                Upon  your  failure       to  appear, judgment  will  be  taken  a                     
                with  interest  from                                                                   
    
    SNIPPETS:
  • MOCATTA METALS CORPORATION AND
  • PEAT, MARWICK, MAIN G CO.,
  • To the above named Defendant
  • of your answer, or, if the complaint is not served with this rtuamon~, to serve a notice of
  • after the service is complete if this summons is not personally delivered to you within the

  • 3 . VERIFIED COMPLAINT

    EXTRACTED KEY WORDS
    PEAT MARWICK
    ACCOUNTS
    SOHNEN ACCOUNTS
    YORK
    COINS
    ACTS
    MOCATTA METALS CORPORATION
    LAW
    FINANCIAL STATEMENTS
    COLLATERALIZATION
    AUDITS
    PLAINTIFF
    COMPLAINT
    TRADES
    FRAUDULENT
    AUDITING PROCEDURES
    PRECIOUS METALS
    IRON MOUNTAIN
    MARWICK VIOLATED SAS
    ACCOUNTING
    GAAS
    ACCORDANCE
    UNAUTHORIZED COMPUTER ENTRY
    EXAMINATIONS
    IRREGULARITIES
    EVIDENTIAL MATTER
    SUPREME COURT
    COUNTY
    COUNSEL MUDGE ROSE
    
    SUPREME COURT OF THE STATE OF NEW YORK
    COUNTY OF NEW YORK
    
    
    MOCATTA METALS CORPORATION AND
    THE  MOCATTA  CORPORATION,
    
                           Plaintiffs,
               -against-                            JURY TRIAL
                                                    DEMANDED
    PEAT,  MARWICK, MAIN &  CO.,
                           Defendant.
    
    
    
              Plaintiffs Mocatta  Metals Corporation and The Mocatta
    Corporation (collectively known as llMocattall), by  its counsel MUDGE
    ROSE GUTHRIE ALEXANDER  &  FERDON,  for  its complaint against defendant,
    Peat, Marwick, Main &  Co.  ("Peat Marwick lf),  alleges the following
    upon knowledge with respect to its own  acts, and upon information and
    belief with respect to all other matters:
    
                                     PARTIES
    
              1.  Plaintiff Mocatta is presently and  was at a l l   relevant
    
    times a precious metals dealer incorporated under the laws of the
    
    S t a t e   of Delaware, with its principal place of business at Four World
    
    Trade Center, New York, New York  10048.  In the course of its busi-
    ness, among other things, Mocatta actively trades in metals and coins
    
    b o t h   for its own  account and  f o r   the accounts of  its clients.
    Mocatta  regularly stores  deposits of metals and  coins at its
    wholly-owned subsidiary, Iron Mountain Depositary  Corp.  ( " I r o n
    Mountain"), 26  Broadway, New  York, New York.
    
    
    
                                                                                                     .;
                                                                                                      .-
          ,                    -
                3-     ..            -r,
         1;  "L,< -.I                r
    
    
    
    
    
    SNIPPETS:
  • SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
  • MOCATTA METALS CORPORATION AND THE MOCATTA CORPORATION,
  • Corporation, by its counsel MUDGE ROSE GUTHRIE ALEXANDER & FERDON, for its complaint against
  • In the course of its business, among other things, Mocatta actively trades in metals and coins
  • b o t h for its own account and f o r the accounts of its clients.
  • Mocatta regularly stores deposits of metals and coins at its wholly-owned subsidiary, Iron
  • Peat Marwick was Mocatta's independent outside auditor at all times rele vant to the events
  • Mocatta brings this action against Peat Marwick f o r Peat Marwick's malpractice i n failing
  • Peat Marwick's gross negligence and recklessness in failing to follow GAAS resulted in Peat
  • This resulted in Peat Marwick's issuance of reports on Mocatta's financial statements f o r
  • However, from 1982 t o 1984, the years of Peat Marwick's audits of Mocatta, the fraudulent
  • On April 3 0, 1982, the combined receivable balance in the Sohnen accounts -- in other words,
  • to defraud and injure Mocatta by, among other acts:
  • the t h e f t or wrongful misappropriation of precious metals and coins from Iron Mountain
  • For purposes of t h i s complaint, the relevant fraudulent or negligent acts of Andersen,
  • On or about July 5, 1983, Andersen made an unjustified and unauthorized computer entry to
  • Peat Marwick, which issued lits unqualified opinions stating that it had examined the
  • sufficient competent evidential matter is to be obtained through inspection, observation,
  • Peat Marwick also did not attempt to verify Kernor's o r Nemys's collateralization of
  • 1, 2 and 5 by failing to see to it that the financial statements of Mocatta certified by it
  • e) Peat Marwick violated SAS No. 1 by failing to prepare and maintain working papers which in
  • Peat Marwick engaged in "professional that term is defined in Section 6509of the Education
  • For its claim for relief against Defendant Peat, Marwick, Main & Co., Plaintiff respectfully
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