Practice point: A cause of action sounding in breach of fiduciary duty must be pleaded with the particularity required by CPLR 3016(b).
Student note: The elements of a cause of action to recover damages for breach of fiduciary duty are (1) the existence of a fiduciary relationship; (2) misconduct by the defendant; and (3) damages directly caused by the defendant's misconduct.
Case: Armentano v. Paraco Gas Corp., NY Slip Op 09075 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Fee forfeitures.
