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GENGER v. GENGER

16585

135 A.D.3d 454 (2016)

22 N.Y.S.3d 433

2016 NY Slip Op 00056

ARIE GENGER et al., Plaintiffs, v. SAGI GENGER et al., Defendants. SAGI GENGER, Individually and as Assignee of the Sagi Genger 1993 Trust, Cross-Claimant, Counterclaimant and Third-Party Claimant-Appellant, et al., Cross-Claimants, Counterclaimants and Third-Party Claimants, v. ARIE GENGER et al., Cross-Claim, Counterclaim and/or Third-Party Defendants, and TRANS-RESOURCES, INC., Cross-Claim, Counterclaim and/or Third-Party Defendant-Respondent.

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

Decided January 7, 2016.

The court properly dismissed the fraud and tortious interference with prospective economic relations cross claims as inadequately pleaded and based on conjecture.

The aiding and abetting a breach of fiduciary duty cross claim was also properly dismissed. Even assuming there was some basis for a relevant fiduciary relationship here, appellant could not assert a claim that respondent aided and abetted any breach of fiduciary...

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