Extract to table

) Whitfield's representation that the Phase I was "clean" was itself misleading, because a Phase I assessment that identifies recognized environmental conditions—as the Phase I here must have, given that a Phase II was subsequently commissioned—is not "clean" in the industry-standard sense of the term

The movant need not demonstrate a certainty of success on the merits; rather, the movant must show "a probability of success, not a certainty

To establish aiding and abetting fraud under New York law, a plaintiff must show: (1) the existence of a fraud; (2) the defendant's knowledge of the fraud; and (3) the defendant's substantial assistance in the achievement of the fraud