RONI LLC v. ARFA

No. 206 SSM 35

15 N.Y.3d 826 (2010)

935 N.E.2d 791

909 N.Y.S.2d 1

RONI LLC et al., Appellants, v. RACHEL L. ARFA et al., Respondents.

Court of Appeals of New York.

Decided September 16, 2010.


Attorney(s) appearing for the Case

Balber Pickard Maldonado & Van Der Tuin, PC, New York City ( John Van Der Tuin of counsel), for appellants.

Schlam Stone & Dolan LLP, New York City ( David J. Katz of counsel), for Rachel L. Arfa and others, respondents.

Simpson Thacher & Bartlett LLP, New York City ( Mark G. Cunha and Scott A. Sukenick of counsel), for Mintz Levin Cohn Ferris Glovsky & Popeo, P.C. and another, respondents.

Bellin & Associates LLC, White Plains ( Aytan Y. Bellin of counsel), for Edward Lukashok, respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. Plaintiffs' conclusory pleadings do not give rise to an inference that the attorney defendants knowingly participated in the alleged aiding and abetting of a breach of fiduciary duty by providing substantial assistance to the promoter defendants in their purported commission scheme (see Kaufman v Cohen, 307 A.D.2d 113

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