FINKELSTEIN v. WARNER MUSIC GROUP INC

The allegations of a relationship of trust and confidence prior to the formation of the joint venture are factually unsupported, and thus, the claims for breach of fiduciary duty stemming from these allegations were properly dismissed. The claims for breach of fiduciary duties committed after formation of the joint venture were sufficiently supported. Moreover, parties are permitted to plead in the alternative (CPLR 3014), so that dismissal of these claims was premature at this stage of the litigation ( see EBC I, Inc. v. Goldman Sachs Co., 7 AD3d 418, 420).