Can a breach of fiduciary claim be dismissed on the additional ground that there is no relationship between an accountant and his client?

MultiRegion, United States of America

The following excerpt is from Deangelis v. Corzine (In re MF Global Holdings Ltd.), 14-1249-cv (2nd Cir. 2015):

3. Because we affirm on this basis, we need not consider whether the breach of fiduciary claim could have been dismissed on the additional ground that "[g]enerally, there is no fiduciary relationship between an accountant and his client." Friedman v. Anderson, 803 N.Y.S.2d 514, 516 (App. Div. 1st Dep't 2005).

Other Questions


Is a motion to dismiss a claim for breach of contract, breach of fiduciary duty and fraud a duplicative and duplicative cause of action? ("New York", United States of America)
What are the alternative grounds for a motion to dismiss a claim for wrongful dismissal of an action for breach of contract? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a motion to dismiss a complaint be dismissed on the grounds that no claim for relief has been stated on the facts alleged? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, does the dismissal count as a strike? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
Can a motion to dismiss be dismissed on the grounds that a pro se party made factual allegations in his papers opposing the motion? (MultiRegion, United States of America)
What are the findings of an adjudicator/referee in a decision of 251 pages (1673 paragraphs) supporting the validity of a dismissal and dismissing a monetary claim? (Canada (Federal), Canada)
On remand, on remand and in addition to his due process claim, can he also bring claims related to his confinement in administrative segregation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.