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D. PENGUIN BROTHERS LTD. v. CITY NATIONAL BANK

5604. 153494/15.

158 A.D.3d 432 (2018)

70 N.Y.S.3d 192

2018 NY Slip Op 00633

D. PENGUIN BROTHERS LTD. et al., Appellants, v. CITY NATIONAL BANK, Respondent, et al., Defendants.

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

Decided February 1, 2018.

The complaint alleges that "each of the Defendants conspired and participated in the commission of some or all of the frauds and Thefts, and other breaches of legal duties, ... and each, at a minimum, aided and abetted in their commission." These conclusory allegations fail to plead conspiracy against CNB, i.e., to connect CNB's actions with the otherwise actionable torts (fraud and conversion) allegedly committed by defendants James Robert Williams and David Spiegelman ...

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