Is a breach of contract or breach of fiduciary duty a cause of action?
"New York", United States of America
The following excerpt is from Americana Capital Corp. v. Nardella, 2011 NY Slip Op 33002 (N.Y. Sup. Ct. 2011):
Nevertheless, the breach of contract and breach of fiduciary duty causes of action arise from the same facts as the legal malpractice cause of action, do not allege distinct damages, and are thus duplicative of the legal malpractice cause of action and must be dismissed. Kvetnaya v. Tylo, 49 A.D.3d 608 (2nd Dept. 2008).
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