Breach of fiduciary duty.

Practice point: A person knowingly participates in the breach only by providing substantial assistance to the primary violator.

Students should note that a claim of aiding and abetting the breach must allege that the defendant had actual knowledge, not constructive knowledge.

 Baron v. Galasso, NY Slip Op 02820 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is bus stops.