Apollo Mgt., Inc. v. Cernich:  The Flexibility of Breach of Fiduciary Duty Claims

An interesting and easily overlooked decision of the Appellate Division, First Department, shows just how flexible fiduciary duty claims can be.  In Apollo Mgt., Inc. v. Cernich, 202 A.D.3d 527 (1st Dep’t 2022), the court allowed the plaintiffs to seek money damages on a fiduciary-duty theory of liability for misconduct that really fell under an…