The Appellate Division unanimously reversed, on the law, the Order which denied the individual defendants' motion for summary judgment dismissing the aiding and abetting claim asserted against him. The claim must be dismissed because there is no evidence of the requisite community of purpose between him and plaintiff's coworkers. There is no indication that he was aware of any of the coworkers' actions, and an aiding and abetting claim cannot be based on an individual's own conduct.
Bistreich v. City of New York, NY Slip Op 01118 (1st Dep't February 18, 2021)
