ud are the same as those of fraud, except that the element of scienter is replaced by a fiduciary or confidential relationship between the parties. Burrell v. State Farm & Cas. Co., 226 F. Supp. 2d 427, 438 (S.D.N.Y. 2002) (citing Klembczyk v. Di Nardo, 265 A.D.2d 934, 936, 705 N.Y.S.2d 743, 744 (4th Dep't. 1999)). The element

hich was made with the intention of inducing reliance; (4) upon which the plaintiff reasonably relied; and (5) which caused injury to the plaintiff. Burrell v. State Farm & Cas. Co., -22- EFTA00314511 226 F. Supp. 2d 427, 438 M. 2002) (citing Wynn v. AC Rochester, 273 F.3d 153, 156 (2d Cir. 2001)).13 The elements of construc