1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 191 A.D.3d
  5. 191 A.D.3d 554 (2021)
 

BISTREICH v. CITY OF NEW YORK

160194/16. Appeal No. 13160. Case No. 2020-02242.

191 A.D.3d 554 (2021)

138 N.Y.S.3d 857

2021 NY Slip Op 01118

Michael J. Bistreich, Respondent, v. City of New York et al., Appellants.

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

Decided February 18, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Scott Shorr of counsel), for appellants.

Schwartz Perry & Heller, LLP, New York ( Brian Heller of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.

The aiding and abetting claim must be dismissed because there is no evidence of a "community of purpose" between Gentile and plaintiff's coworkers (see Schindler v Plaza Constr. LLC, 154 A.D.3d 495, 496 [1st Dept 2017] [internal quotation marks omitted]). There is no indication that Gentile was aware of any of the coworkers' actions, and an aiding and abetting claim cannot be based on an individual's own conduct (Hardwick v Auriemma...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases