CITIBANK, N.A. v. KEENAN POWERS & ANDREWS PC

692, 651075/12.

137 A.D.3d 715 (2016)

27 N.Y.S.3d 385

2016 NY Slip Op 02541

CITIBANK, N.A., et al., Appellants, v. KEENAN POWERS & ANDREWS PC et al., Defendants, and SECURETITLE AGENCY, INC., Respondent.

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

Decided March 31, 2016.


Where Securetitle's last act in connection with the alleged conversion and diversion of funds by codefendants occurred three months before codefendants even received the specifically identified fund at issue, such conduct did not constitute substantial assistance of conversion or participation in the subsequent breach of fiduciary duty by codefendants (see Rizer v Breen, 2007 NY Slip Op 32325[U] [Sup Ct, NY County 2007); see also Kaufman v Cohen,

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