Lewis Johs Avallone Aviles, LLP partners Michael G. Kruzynski and Thomas J. Dargan, together with co-counsel Stevens & Lee of Pennsylvania, prevailed on an appeal on behalf of client Symbol Technologies, Inc., resulting in the reinstatement of Symbol's accounting malpractice claim against its former auditors, Deloitte & Touche, LLP.  The Appellate Division, Second Department, found that Symbol's allegations against Deloitte were sufficient to demonstrate the applicability of the continuous representation doctrine, an exception to the statute of limitations.  The Appellate Division also found that Symbol's allegations that members of its senior management committed accounting fraud for their own benefit and totally abandoned Symbol's interest, were sufficient to trigger the adverse interest exception to the doctrine of in pari delicto, an equitable defense raised by Deloitte.  The decision appeared on the first page of the New York Law Journal on November 2, 2009 and on law.com the same day.