On October 7, 2026, the Second Department issued a decision in Erkman Intl., Co., Ltd. v. PepsiCo, Inc., 2026 NY Slip Op. 05768, holding that aiding and abetting claims should be dismissed for failure adequately to allege substantial assistance . . . Continue reading Aiding and Abetting Claims Dismissed for Failure Adequately to Allege Substantial Assistance
On September 29, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 33366(U), holding that an aiding and abetting claim does not lie against a defendant who urged others to aid misconduct but who did not himself provide any aid . . . Continue reading Aiding and Abetting Claim Does Not Lie Against Defendant That Urged Others to Aid But Who Did Not Himself Aid
On July 13, 2023, the First Department issued a decision in Iberdrola Energy Projects v. MUFG Union Bank, N.A., 2023 NY Slip Op. 03841, holding that a plaintiff was not required to plead the inapplicability of an affirmative defense to an aiding and abetting and conspiracy claim . . . Continue reading Plaintiff Not Required to Plead Inapplicability of Affirmative Defense to Aiding and Abetting Claim
On April 10, 2023, Justice Chan of the New York County Commercial Division issued a decision in Prime Props. (USA) LLC v. Kefalas, 2023 NY Slip Op. 31203(U), holding that a professional acting within the scope of his or her duties could not be liable for aiding and abetting a breach of fiduciary duty . . . Continue reading Professional Acting Within Scope of Duties Not Liable for Aiding and Abetting
On April 11, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31209(U), dismissing a claim for conspiracy as duplicative of a claim for aiding and abetting . . . Continue reading Claim for Conspiracy Dismissed as Duplicative of Claim for Aiding and Abetting
On March 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 30966(U), dismissing a conspiracy claim as duplicative of an aiding and abetting claim . . . Continue reading Conspiracy Claim Dismissed as Duplicative of Aiding and Abetting Claim
On February 9, 2023, the First Department issued a decision in Williams v. Citigroup, Inc., 2023 NY Slip Op. 00752, holding that without direct evidence of a conspiracy, a plaintiff must provide evidence that tends to exclude the possibility that the alleged conspirators were acting independently . . . Continue reading Civil Conspiracy Claim Fails Without Direct Evidence or Evidence Excluding the Possibility of Independent Action
On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2023 NY Slip Op. 30145(U), holding that claims for civil conspiracy and aiding and abetting were not duplicative . . . Continue reading Claims for Conspiracy and Aiding and Abetting are not Duplicative
