a breach of fiduciary claim in his Amended Statement of Claim — that his relationship with Spector was fiduciary ' e. See Carlin Equities Corp. v. Mayer Offman, 2008 U.S. Dist. LEXIS 74375, at *22 . Sept. 24, 2008) (noting that "the Second Circuit did not hold in Emergent Capital that a p aintiffs relianc