Practice point: Liability for aiding and abetting a breach of fiduciary duty requires
establishing the following elements: (1) the party whom the defendant
aids must perform a wrongful act that causes an injury; (2) the
defendant must be generally aware of his role as part of an overall
illegal or tortious activity at the time that he provides the
assistance; and (3) the defendant must knowingly and substantially assist
the principal violation.
Student note: While an appeal taken from a denial of a dismissal motion may be moot
when that complaint has been superseded by an amended complaint, that is not the case
where the new pleading does not substantively alter the existing causes
of action.
Case: Aetna Life Ins. Co. v. Appalachian Asset Mgt. Corp., NY Slip Op 05506 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Searching the record on a summary judgment motion.
