The following excerpt is from United States v. Kosinski, 976 F.3d 135 (2nd Cir. 2020):
also, e.g ., Muller-Paisner v. TIAA , 289 F. App'x 461, 466 (2d Cir. 2008) (summary order) (relying on In re Mid-Island Hosp . to explain that "a fiduciary duty may arise in the context of [such] a commercial transaction upon a requisite showing of trust and confidence," as was present here).
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