What is the test for establishing a fiduciary relationship?

Nevertheless, absent an allegation of a special relationship, mere assertions of "trust and confidence" are insufficient to support a claim of a fiduciary relationship. See Freedman v. Pearlman, 706 N.Y.S.2d 405, 409 (1st Dep't 2000). Further, "[w]hen parties deal at arm[']s length in a commercial transaction, no relation of confidence or trust sufficient to find the existence of a fiduciary relationship will arise absent extraordinary circumstances." In re Mid-Island Hosp., Inc., 276 F.3d 123, 130 (2d Cir. 2002) (internal citation and quotation marks omitted). In sum, "[a] fiduciary relationship is necessarily fact-specific and is also grounded in a higher level of trust than normally present in the marketplace

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