People v. Wells Fargo Insurance Services Inc.

Appeal from order, Supreme Court, New York County (Bernard J. Fried, J.), entered January 15, 2008, which, inter alia, *405granted defendants’ motion to dismiss plaintiffs’ causes of action for breach of fiduciary duty and fraud under Executive Law § 63 (12), deemed to be an appeal from judgment, same court and Justice, entered March 17, 2008 (CPLR 5501 [c]), dismissing, inter alia, the causes of action, and so considered, said judgment unanimously affirmed, without costs.

The complaint failed to state a cause of action for breach of fiduciary duty and we decline plaintiffs request that we not…