Legal Opinion
Lumen at White Plains, LLC v. Stern
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 2016No. 16734 653052/13PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Edmead, J.), entered August 19, 2014, which granted defendants-respondents’ (defendants) motion to dismiss the complaint as against them, unanimously affirmed, without costs.
The motion court correctly dismissed the claim that defendants aided and abetted a fraud, as plaintiffs failed to adequately plead that defendants had actual knowledge of the fraud, or that they provided substantial assistance in the fraud’s commission (Stanfield Offshore Leveraged Assets, Ltd. v Metropolitan Life Ins. Co., 64 AD3d 472, 476 [1st Dept 2009], lv denied 13 NY3d…
2Cases cited6 opinions
- Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
- Eurycleia Partners, LP v. Seward & Kissel, LLPNew York Court of Appeals · 2009
- Denenberg v. RosenAppellate Division of the Supreme Court of the State of New York · 2010
- Stanfield Offshore Leveraged Assets, Ltd. v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Gregor v. RossiAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by2 opinions
- Balanced Return Fund Ltd. v. Royal Bank of CanadaAppellate Division of the Supreme Court of the State of New York · 2016
- Williams v. BiggsAppellate Division of the Supreme Court of the State of New York · 2026