Legal Opinion
Churchill Financial Cayman, Ltd. v. BNP Paribas
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 2012PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered December 2, 2010, which granted defendant’s motion to dismiss the amended complaint’s first cause of action, unanimously affirmed, with costs.
The motion court correctly held that defendant had no duty to speak regarding the class action. “[A]bsent a fiduciary duty or some other independent duty owed by [defendant alleged aider and abettor] to the plaintiff[ ],” there is no duty to disclose, and, thus, defendant’s silence does not constitute the requisite “substantial assistance” to sustain a claim for aiding and…
2Cases cited7 opinions
- HSH Nordbank AG v. UBS AGAppellate Division of the Supreme Court of the State of New York · 2012
- Stanfield Offshore Leveraged Assets, Ltd. v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Ventur Group, LLC v. FinnertyAppellate Division of the Supreme Court of the State of New York · 2009
- Permasteelisa, S.p.a. v. Lincolnshire Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- King v. George Schonberg & Co.Appellate Division of the Supreme Court of the State of New York · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fulton v. Hankin & Mazel, PLLCAppellate Division of the Supreme Court of the State of New York · 2015
- Bankers Conseco Life Ins. Co. v. KPMG LLPAppellate Division of the Supreme Court of the State of New York · 2020
- JMC Northeast Corp. v. PorcelliAppellate Division of the Supreme Court of the State of New York · 2012
- JMC Northeast Corp. v. PorcelliAppellate Division of the Supreme Court of the State of New York · 2012
- Tall Tower Capital, LLC v. Stonepeak Partners LPAppellate Division of the Supreme Court of the State of New York · 2019