s Falk fireach of Fiduciary Duty There can be no claim for breach of fiduciary duty absent a fiduciary relationship between the parties. Cramer v. Devon Group, Inc., 774 F. Supp. 176, 184 (S.D.N.Y. 1991) (to establish breach of fiduciary duty "[f]irst, it must be shown that there is a fiduciary relationship bet