y 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 elements of a claim for fraudulent inducement are similar: the defendant must h

lement of scienter is replaced by a fiduciary or confidential relationship between the parties. Burrell, 226 F. Supp. 2d at 438 (citing Klembczyk v. Di Nardo, 705 2d 743, 744 (4th Dep't 1999)). Epstein has failed to establish these required elements. First, Spector did not make the alleged material misr