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NORTHERN STAMPING, INC. v. MONOMOY CAPITAL PARTNERS, L.P.

10281, 652445/11.

107 A.D.3d 427 (2013)

967 N.Y.S.2d 326

2013 NY Slip Op 4095

NORTHERN STAMPING, INC., Appellant-Respondent, v. MONOMOY CAPITAL PARTNERS, L.P., et al., Respondents-Appellants.

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

Decided June 6, 2013.

Contrary to plaintiff's contention, the breach of fiduciary duty cause of action is unsupported by any facts from which the formation of a joint venture or partnership could be inferred (see Matter of Steinbeck v Gerosa, 4 N.Y.2d 302, 317 [1958]). Moreover, it is duplicative of the breach of contract cause of action (see Nineteen Eighty-Nine, LLC v Icahn, 96 A.D...

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