The claim is properly dismissed, as defendant never held funds belonging to plaintiff, but was supposed to enter into a contract with plaintiff so that plaintiff could submit bills to defendant. This does not create a fiduciary relationship.
East of Hudson Rail Frgt. Task Force, Inc. v. Port Auth. of N.Y. & N.J., NY Slip Op 02870 (1st Dep't May 14, 2020)
Here is the decision.
