The motion court properly dismissed plaintiff's breach of contract and negligence causes of action arising out of the transfer of funds out of plaintiff's account at the request of a bankrupt principal, Jussi Uoti. The limitation of liability provision within the parties' contract, providing that defendant would be subject to liability only for gross negligence or willful misconduct in its management of the subject investment fund, was unambiguous and applicable to the instant matter. The allegations of the complaint fail to set forth actions by defendant evincing "a reckless disregard for the rights of [plaintiff] or `smack[ing]' of intentional wrongdoing" (see, Colnaghi, U.S.A., Ltd. v. Jewelers Protection Servs., Ltd., 81 N.Y.2d 821, 823-824), particularly in view of plaintiff's failure to advise defendant of Uoti's bankruptcy in Finland or of his request to plaintiff for the transfer of funds in the account. Plaintiff's conversion and breach of fiduciary duty claims were also properly dismissed, since they are duplicative of the breach of contract cause of action (see, Peters Griffin Woodward, Inc. v. WCSC, Inc., 88 A.D.2d 883; and see, William Kaufman Org., Ltd. v. Graham James, LLP, 269 A.D.2d 171, 173).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.