Kirschner v. KPMG LLP, No. 1:2008cv08784 - Document 24 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97412: Accordingly, the Litigation Trustee's complaint against KPMG is dismissed in its entirety. 5 As in Kirschner v. Grant Thornton, this conclusion is the inevitable product of the Trustee's own complaint, which docume nts in detail how Refco participated in, and how it benefitted from, the very fraudulent acts on which the Trustee seeks to sue Leave to replead istherefore denied, and the complaint is dismissed with prejudice. As this ruling disposes of all claims against KPMG and there is no just reason for delay,the Clerk is directed, pursuant to Fed. R. Civ. P. 54(b), to enter final judgment and close the case. (Signed by Judge Gerard E. Lynch on 4/14/09) (js) Modified on 4/15/2009 (mro).