Auditor’s Liability Guarente-Harrington Associates was a limited partnership formed for the purpose of investing in securities. There were two general partners and 40 limited partners. The partnership agreement provided that no partner could withdraw any part of his or her interest in the partnership except at the end of the fiscal year and with not less than 30 days’ prior notice. Arthur Andersen & Co. (Arthur Andersen), a national CPA firm, was hired to audit the books of the limited partnership. In certifying the financial statements of the partnership and preparing its tax returns, Arthur Andersen failed to report that the general partners had withdrawn $2 million of their $2.6 million capital investment at times other than at the end of the fiscal year and without proper notice. The partnership suffered losses because of this lack of capital. Shelby White, a limited partner, sued Arthur Andersen for accounting malpractice. Is Arthur Andersen liable under the Ultramares doctrine? White v. Guarente, 43 N.Y.2d 356, 372 N.E.2d 315, 401 N.Y.S.2d 474, Web 1977 N.Y. Lexis 2470 (Court of Appeals of New York).
