In order to survive dismissal, the complaint must allege a special relationship of trust and confidence among the parties. Here, the project at issue constitutes an arm's length business transaction, which precludes a claim that the parties had a relationship of trust and confidence. In addition, the cause of action requires that the special relationship between the parties exist before the relevant transaction, not as a result of it.
100 & 130 Biscayne, LLC v. EE NWT OM, LLC, NY Slip Op 06985 (1st Dep't December 8, 2022)
