The motion court correctly held that defendant had no duty to speak regarding the class action. "[A]bsent a fiduciary duty or some other independent duty owed by [defendant alleged aider and abettor] to the plaintiff[]," there is no duty to disclose, and, thus, defendant's silence does not constitute the requisite "substantial assistance" to sustain a claim for aiding and abetting fraud (see Stanfield Offshore Leveraged Assets, Ltd. v Metropolitan Life Ins. Co.,
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CHURCHILL FINANCIAL CAYMAN, LTD. v. PARIBAS
Nos. 7656, 602998/09.
95 A.D.3d 614 (2012)
944 N.Y.S.2d 116
2012 NY Slip Op 3775
CHURCHILL FINANCIAL CAYMAN, LTD., Appellant, v. BNP PARIBAS, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 15, 2012.
Decided May 15, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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