Practice point: While there was no question as to whether the parties
shared a confidential relationship as members of a committed family
unit, the complaint failed to allege that the fiduciary
relationship necessary to obtain an accounting was created by the
plaintiff entrusting to the defendant some money or property with
respect to which the defendant was bound to reveal her dealings. Therefore, the plaintiff failed to state a cause of action for an
accounting, and that cause of action was dismissed.
Student note: The right to an accounting is premised upon the existence of a
confidential or fiduciary relationship and a breach of the duty imposed
by that relationship respecting property in which the party seeking the
accounting has an interest.
Case: Dee v. Rakower, NY Slip Op 07443 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: An out-of-possession landlord's liability.
