Aiding and Abetting a Breach of Fiduciary Duty as a Cause of Action in New York

“The elements of a claim for aiding and abetting a breach of fiduciary duty are: “(1) a breach by a fiduciary of obligations to another, (2) that the defendant knowingly induced or participated in the breach, and (3) that plaintiff suffered damage as a result of the breach.” (Schroeder v Pinterest Inc., 133 AD3d 12, 24-25 [1st Dept 2015]). One knowingly participates in the breach by providing substantial assistance to the primary violator as follows: “(1) a defendant affirmatively assists, helps conceal, or by virtue of failing to act when required to do so enables the fraud to proceed, and (2) the actions of the aider/abettor proximately caused the harm on which the primary liability is predicated” (Stanfield Offshore Leveraged Assets, Ltd. v Metropolitan Life Ins. Co., 64 AD3d 472, 476 [1st Dept 2009]).” Apollo Glob. Mgmt. v. Cernich, 2021 N.Y. Slip Op. 31741 (N.Y. Sup. Ct. 2021).