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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46513 Judge Griesa PLAINTIFF ALLEGED breach of fiduciary duty and tortious interference with fiduciary relations based on the alleged execution of a confidentiality agreement and the single meeting between the parties during which confidential information was allegedly disclosed. The court found the allegation insufficient to support the existence of a fiduciary relationship. The court noted that the communication of confidential information does not by itself create a fiduciary relationship, nor does signing of a confidentiality agreement necessarily create a fiduciary relationship. The court found that the purpose of the confidentiality and standstill agreement was to permit the disclosure of specific information that would allow the parties to explore a possible business opportunity. The court declined to dismiss the claim of tortious interference with prospective business relations, finding that plaintiff will need show that “a continuing business or other customary relationship not amounting to a formal contract” existed.

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