vate claimants are barred as a matter of law from bringing breath of fiduciary claims in connection.with securities transactions such as these. See Castellano v. Young & Rubicam, Inc., 257 F.3d 171, 190 (2d Cir. 2001) (dismissing claims for breach of fiduciary duty as barred by the Martin Act); Gabriel Capital, L.P. v. Natives(' F

n Act preempted common law claims in the context of securities fraud to the extent said claims did not require proof of deceitful intent. See e.g., Castellano v. Young & Rubicam, Inc., 257 F.3d 171 (2d Cir. 2001). Consequently, courts in New York regularly held that breach of fiduciary duty claims and negligent misrepresentation