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AHRENBERG v. LIOTARD-VOGT

7462. 653687/15.

165 A.D.3d 570 (2018)

84 N.Y.S.3d 359

2018 NY Slip Op 07181

Staffan Ahrenberg et al., Appellants, v. Patrick Liotard-Vogt et al., Defendants, and ASW Capital AG, Respondent.

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

Decided October 25, 2018.

The motion court was correct in denying leave to amend since plaintiffs did not show that they could plead the "substantial assistance" element of a cause of action for aiding and abetting breach of fiduciary duty and fraud (see 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]; Kaufman v Cohen,<...

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