Burry v. Madison Park Owner

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered July 14, 2010, which, to the extent appealed, granted defendant’s motion to dismiss the fourth cause of action, for breach of fiduciary duty, pursuant to CPLR 3016 (b) and 3211 (a) (7), and denied defendant’s motion to dismiss the first cause of action, for breach of contract, pursuant to CPLR 3211 (a) (1), unanimously affirmed, without costs.

To state a claim for breach of fiduciary duty, plaintiffs must *700allege that (1) defendant owed them a fiduciary duty, (2) defendant committed misconduct, and (3) they suffered damages…