The elements of the cause of action are: (1) the existence of a fiduciary relationship; (2) misconduct by the defendant; and (3) damages directly caused by the defendant's misconduct. An attorney owes a fiduciary duty to the client, namely, to deal with the client fairly, honestly and with undivided loyalty, while maintaining confidentiality, avoiding conflicts of interest, acting competently, safeguarding client property, and honoring the clients' interests over the attorney's own.
Brennan v. Vasquez, NY Slip Op 00115 (2d Dep't January 14, 2026)
