An appellate panel has refused to dismiss a malpractice suit against Proskauer Rose brought by an oil tanker company that claims the firm’s advice cost the company hundreds of millions of dollars in tax liability.

A unanimous panel of the Appellate Division, First Department, agreed with Manhattan Supreme Court Justice Jeffrey Oing‘s decision to continue the malpractice suit. However, two justices in a concurring opinion said discovery was needed to answer statute of limitations questions.

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