RM 18 Corp. v. Bank of New York Mellon Trust Co., N.A.

In an action, inter alia, to recover damages for breach of contract, the defendant Bank of New York Mellon Trust Company, N.A., appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered August 3, 2011, as denied that branch of its motion which was pursuant to CPLR 3211 (a) to dismiss the cause of action alleging aiding and abetting breach of fiduciary duty insofar as asserted against it, the defendants Merrill Lynch & Co., Inc., Aztex Associates, L.E, Aztex Corporation, and Siltex Properties Corp. separately appeal, as limited by…