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BANKERS CONSECO LIFE INS. CO. v. KPMG LLP

653765/19. Appeal No. 12503. Case No. 2020-02387.

189 A.D.3d 402 (2020)

137 N.Y.S.3d 10

2020 NY Slip Op 07128

Bankers Conseco Life Insurance Company et al., Appellants, v. KPMG LLP, Respondent.

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

Decided December 1, 2020.

Attorney(s) appearing for the Case

Sills Cummis & Gross P.C., New York ( Richard H. Epstein of counsel), for appellants.

Foley Hoag LLP, New York ( Lisa C. Wood of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Mendez, JJ.

We find that the motion court erred in dismissing plaintiffs' claim for aiding and abetting fraud. The complaint adequately alleged an underlying fraud, actual knowledge of the fraud and, substantial assistance (see Oster v Kirschner, 77 A.D.3d 51, 55 [1st Dept 2010]). The complaint adequately alleges that defendant had actual knowledge of the fraudulent scheme of nonparties Beechwood Re, Ltd., the Platinum hedge fund, and the individuals...

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