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CHAMBERS v. WEINSTEIN

157781/13, 16579

135 A.D.3d 450 (2016)

21 N.Y.S.3d 892

2016 NY Slip Op 00051

GERALD CHAMBERS, et al., Respondents, v. ELIYAHU WEINSTEIN, et al., Defendants, and 121 PARK REALTY LLC et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 7, 2016.

To state a claim for aiding and abetting fraud, a plaintiff must allege "the existence of the underlying fraud, actual knowledge, and substantial assistance" (Oster v Kirschner, 77 A.D.3d 51, 55 [1st Dept 2010]). Here, the existence of an underlying fraud is sufficiently stated in the complaint, which alleges, among other things, that defendants aided and abetted a fraudulent Ponzi scheme...

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