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STOLLER v. FACTOR

272 A.D.2d 83 (2000)

714 N.Y.S.2d 667

HERBERT STOLLER, Appellant, v. MALLORY FACTOR et al., Respondents, et al., Defendant.

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

Decided May 4, 2000.

Although the court on a motion to dismiss for failure to state a cause of action must accept all pleaded facts as true, plaintiff's bare and conclusory allegations that the Mallory defendants knew that plaintiff had given funds to co-defendant Scott Wolas in trust and that Wolas was violating that trust were insufficient to state a cause of action for aiding and abetting breach of trust (see, Quatrochi v Citibank, 210 A.D.2d 53;...

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