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2 Nov 2017, 3:55 am by Andrew Lavoott Bluestone
The elements of that cause of action are (1) the existence of a fiduciary duty, (2) misconduct by the defendant, and (3) damages directly caused by the defendant’s misconduct (see Saul v Cahan, 153 AD3d 947). [read post]
30 Jan 2020, 4:13 am by Andrew Lavoott Bluestone
[FN6] As Grover & Fensterstock has submitted evidentiary proof showing that it did not owe a duty to plaintiff arising out of plaintiff being the beneficiary of the funds being disbursed or owe a duty to plaintiff based on a special relationship, Grover & Fensterstock has demonstrated its prima facie entitlement to dismissal of any claim based on negligence or the violation of a fiduciary duty arising out of its role as settlement agent (see M.E.W.N., Inc., 78 AD2d at… [read post]