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BURRY v. MADISON PARK OWNER LLC

5219, 100755/10.

84 A.D.3d 699 (2011)

924 N.Y.S.2d 77

BRIAN T. BURRY et al., Appellants-Respondents, v. MADISON PARK OWNER LLC, Respondent-Appellant.

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

Decided May 31, 2011.

To state a claim for breach of fiduciary duty, plaintiffs must allege that (1) defendant owed them a fiduciary duty, (2) defendant committed misconduct, and (3) they suffered damages caused by that misconduct (see RNK Capital LLC v Natsource LLC, 76 A.D.3d 840, 841-842 [2010], lv denied 16 N.Y.3d 709 [2011]; Rut v Young Adult Inst., Inc.,

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