Just in time for Halloween, the Appellate Divisions as usual have supplied us with a variety of intellectual “treats,” without any “tricks.” For its seasonal offering, the Appellate Division, Fourth Department, has taken a hard line against grave-robbing. The court’s decision that there is no “good faith” exception to the crimes of body-snatching, opening graves and unlawfully dissecting human corpses is discussed below, along with other advancements in the law from New York’s intermediate appellate courts during the third quarter of 2010.
First Department
Fraud. May a law firm be sued for aiding and abetting fraud when it prepared private placement memoranda (PPMs) soliciting investments in what ultimately was revealed as a Ponzi scheme? Yes, a First Department panel unanimously held in a forceful opinion by Justice Sallie Manzanet-Daniels in Oster v. Kirschner.1
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