1) the existence of a fiduciary duty; (2) misconduct of the defendant; and (3) damages that were directly caused by that misconduct. See Kurtzman v. Bergstol, 40 A.D. 3d 588, 590 (2d Dep't 2007). Thus, as a prerequisite Jeepers would need to identify and establish that Dubin and Highbridge owed it a fidu