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111 WEST 57TH INVESTMENT LLC v. 111 W57TH PROP. OWNER LLC

653067/19. Appeal No. 12489-12490N. Case No. 2020-01922. 2019-5921.

188 A.D.3d 590 (2020)

132 N.Y.S.3d 764

2020 NY Slip Op 06943

111 West 57th Investment LLC, on Behalf of Itself and Derivatively on Behalf of 111 West 57th Partners LLC, Appellant, v. 111 W57th Property Owner LLC, Respondent, et al., Defendants.

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

Decided November 24, 2020.

The claims against defendant for aiding and abetting breach of fiduciary duty fail for lack of allegations of defendant's "substantial assistance" to the primary violators (see Kaufman v Cohen, 307 A.D.2d 113, 126 [1st Dept 2003] [internal quotation marks omitted]). The constructive trust claim was also properly dismissed because, among other reasons, the legal remedy of money damages would be adequate to compensate plaintiff for...

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