Legal Opinion
Chambers v. Weinstein
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 2016No. 157781/13PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered August 22, 2014, which, to the extent appealed from as limited by the briefs, denied defendants-appellants’ (defendants) motion to dismiss the aiding and abetting fraud claims against them, unanimously affirmed, without costs.
To state a claim for aiding and abetting fraud, a plaintiff must allege “the existence of the underlying fraud, actual knowledge, and substantial assistance” (Oster v Kirschner, 77 AD3d 51, 55 [1st Dept 2010]). Here, the existence of an underlying fraud is sufficiently stated in the complaint, which…
2Cases cited5 opinions
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Oster v. KirschnerAppellate 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
- Scott v. Bell Atlantic Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Rostuca Holdings, Ltd. v. PoloAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- Arbor Asset Mgt., LLC v. SinghAppellate Division of the Supreme Court of the State of New York · 2020
- Arbor Asset Mgt., LLC v. SinghAppellate Division of the Supreme Court of the State of New York · 2020
- Simon v. FrancInvest, S.A.Appellate Division of the Supreme Court of the State of New York · 2021
- Simon v. FrancInvest, S.A.Appellate Division of the Supreme Court of the State of New York · 2021
- Best v. Guthrie Med. Group, P.C.Appellate Division of the Supreme Court of the State of New York · 2019
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