On September 10, 2025, the Second Department issued a decision in Celauro v. Celauro, 2025 NY Slip Op. 04870, affirming the dismissal of a breach of fiduciary duty claim for failure adequately to allege facts establishing a breach, explaining:
The elements of a cause of action to recover damages for breach of fiduciary duty are (1) the existence of a fiduciary relationship, (2) misconduct by the defendant, and (3) damages directly caused by the defendant’s misconduct. Additionally, as this action involves allegations of breach of fiduciary duty, the complaint is subject to the more stringent pleading requirements mandated by CPLR 3016(b). CPLR 3016(b) is satisfied when the facts suffice to permit a reasonable inference of the alleged misconduct.
Here, affording the plaintiff the benefit of every possible favorable inference, the allegations of wrongdoing within the limitations period are based on speculation and conjecture and thus, are insufficient to permit a reasonable inference of the alleged misconduct.
(Internal quotations and citations omitted).