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LUMEN AT WHITE PLAINS, LLC v. STERN

16734, 653052/13

135 A.D.3d 600 (2016)

24 N.Y.S.3d 46

2016 NY Slip Op 00431

LUMEN AT WHITE PLAINS, LLC, et al., Appellants, v. MOSES STERN, Also Known as MARK STERN, et al., Defendants, and REISS EISENPRESS LLP et al., Respondents.

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

Decided January 21, 2016.

The motion court correctly dismissed the claim that defendants aided and abetted a fraud, as plaintiffs failed to adequately plead that defendants had actual knowledge of the fraud, or that they provided substantial assistance in the fraud's commission (Stanfield Offshore Leveraged Assets, Ltd. v Metropolitan Life Ins. Co., 64 A.D.3d 472, 476 [1st Dept 2009], lv denied 13 N.Y.3d 709 [2009...

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