January 3, 2023

A claim for aiding and abetting a breach of fiduciary duty.

An essential element of the cause of action is actual knowledge of the breach. To the extent that the complaint alleges constructive knowledge, it is insufficient and will be dismissed.

Continental Indus. Group, Inc. v .Ustuntas, NY Slip Op 07294 (1st Dep't December 22, 2022)

Here is the decision.