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EAST OF HUDSON RAIL FREIGHT TASK FORCE, INC. v. PORT AUTH. OF N.Y. & N.J.

11506. 654271/16.

183 A.D.3d 453 (2020)

121 N.Y.S.3d 860

2020 NY Slip Op 02870

East of Hudson Rail Freight Task Force, Inc., Appellant, v. Port Authority of New York and New Jersey, Respondent.

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

Decided May 14, 2020.

The motion court properly found, as a matter of law, that defendant did not owe a fiduciary duty to plaintiff. Defendant never held funds belonging to plaintiff; rather, it was supposed to enter into a contract with plaintiff so that plaintiff could submit bills to defendant. This does not create a fiduciary relationship (see Waldman v Englishtown Sportswear, 92 A.D.2d 833, 836 [1st Dept 1983]).

Since plaintiff does not have...

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