FKB’s Andrew R. Jones and Victoria A. Yachkouri successfully obtain a pre-answer dismissal on an action for breach of fiduciary duty and intentional infliction of emotional distress. The Supreme Court, Nassau County, held that Plaintiff had failed to state a valid claim for breach of fiduciary duty and for intentional infliction of emotional distress, requiring dismissal of the Complaint.
Plaintiff, a father of FKB’s client’s former client, alleged that FKB’s client breached their fiduciary duty and intentionally inflicted emotional distress by discussing with Plaintiff how to ameliorate his relationship with his minor child. In dismissing Plaintiff’s Complaint, Justice Cairo (Nassau County) agreed with FKB’s arguments that FKB’s client did not owe Plaintiff a fiduciary duty because FKB’s client never represented Plaintiff, and that FKB’s client’s conduct did not constitute misconduct. Further, Justice Cairo agreed with FKB’s argument that Plaintiff fails to plead any conduct or intent that would constitute a viable claim for intentional infliction of emotional distress.