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Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05768

Erkman Intl., Co., Ltd. v PepsiCo, Inc.

Read the official decision: 2026 NY Slip Op 05768

Holding The court affirmed the dismissal of the plaintiff’s claims for aiding and abetting breach of fiduciary duty and aiding and abetting fraud against PepsiCo. The court found that the plaintiff failed to sufficiently allege that PepsiCo provided substantial assistance, as mere inaction does not constitute substantial assistance without a direct fiduciary duty.

The court’s words

Substantial assistance requires an affirmative act on the defendant's part; mere inaction can constitute substantial assistance only if the defendant owes a fiduciary duty directly to the plaintiff

2026 NY Slip Op 05768, at the official text

Conclusory allegations that the aider and abettor had actual knowledge of fraud, together with allegations that would be sufficient to state a claim against the principal participants in the fraud, are insufficient, without more, to establish substantial assistance

2026 NY Slip Op 05768, at the official text
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05768
Area of lawPersonal Injury and Negligence · Civil Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05768
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id991

Recommended citation

ESQ HQ, New York Law Watch, Erkman Intl., Co., Ltd. v PepsiCo, Inc., 2026 NY Slip Op 05768 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05768/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 7, 2026. Updated October 7, 2026.