The complaint will survive dismissal if it alleges, with sufficient particularity, (1) the existence of a fiduciary relationship, (2) misconduct by the defendant, and (3) damages directly caused by that misconduct, pursuant to CPLR 3016[b].
Board of Mgrs. of Van Wyck Glen Condominium v. Van Wyck at Merritt Park Homeowners Assn., Inc., NY Slip Op 07044 (2d Dep't December 14, 2022)
