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SAYLES v. FERONE

418, 654336/13.

137 A.D.3d 486 (2016)

26 N.Y.S.3d 527

2016 NY Slip Op 01594

RONALD SAYLES, Plaintiff, v. PENNY FERONE, Defendant/Third-Party Plaintiff-Respondent. ALAN DREZIN, ESQ., Third-Party Defendant-Appellant.

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

Decided March 8, 2016.

An aiding and abetting cause of action must allege facts giving rise to a strong inference that the defendant actually knew of the underlying harm or was wilfully blind to it, and rendered substantial assistance, including concealing, or failing to act when required to do so, enabling the harm to proceed (see Pomerance v McGrath, 124 A.D.3d 481, 484-485 [1st Dept 2015], lv dismissed 25 N.Y.3d 1038

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