Langford v. Roman Catholic Diocese

S. Miller, J.,

concurs in part and dissents in part and votes to modify the order appealed from by deleting the provision thereof granting that branch of the motion of the defendant Nicholas Sivillo which was to dismiss the plaintiffs cause of action to recover damages for breach of fiduciary duty and substituting therefor a provision denying that branch of the motion and reinstating that cause of action with the following memorandum: I cannot concur in so much of the Majority’s decision as holds that the plaintiff may not recover damages under a theory of breach of fiduciary duty. In my…