duty. ... Such derivative allegations are legally insufficient to state a claim for breach of fiduciary duty against [defendant]."); Rosenblatt v. Christie, Manson & Woods Ltd., No. 04 Civ. 4205 (PKC), 2005 U.S. Dist. LEXIS 23816, at *29 (S.D.N.Y. Oct. 14, 2005) ("Nor can a fiduciary relationship be found based on a plaint