There may be liability for aiding
and abetting only when the defendant provides substantial assistance to the
primary violator. There is substantial assistance when a defendant
affirmatively assists, helps to conceal, or fails to act when required to do
so, thereby enabling the breach to occur. The claim will be dismissed if the plaintiff alleges that the defendant did nothing more than offer competitive compensation. Where the alleged conduct is neither wrongful nor improper, the cause of action does not lie.
BGC Partners, Inc. v. Avison Young (Canada) Inc., NY Slip Op 02290 (1st Dep't April 3, 2018)
Here is the decision.
