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FINKELSTEIN v. WARNER MUSIC GROUP INC.

14 A.D.3d 415 (2005)

787 N.Y.S.2d 867

MARK FINKELSTEIN et al., Respondents-Appellants, v. WARNER MUSIC GROUP INC. et al., Appellants-Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 20, 2005.

The allegations of a relationship of trust and confidence prior to the formation of the joint venture are factually unsupported, and thus, the claims for breach of fiduciary duty stemming from these allegations were properly dismissed. The claims for breach of fiduciary duties committed after formation of the joint venture were sufficiently supported. Moreover, parties are permitted to plead in the alternative (CPLR 3014), so that dismissal of these claims was premature at...

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