Extract to table

Vantor argues that the Seventh Cause of Action for unjust enrichment must be dismissed because the FAA is a valid, enforceable contract governing the parties' relationship and the subject matter of the dispute

Vantor's Position Vantor's memorandum of law devotes approximately ten pages to the argument that the First Cause of Action (common-law fraud), the Second Cause of Action (fraudulent concealment), and the Third Cause of Action (negligent misrepresentation) are duplicative of the Fourth Cause of Action (breach of contract) and must therefore be dismissed

That provision mandates that "the circumstances constituting the wrong shall be stated in detail

Vantor's Position Vantor devotes approximately eight pages of its memorandum to the argument that the Fifth Cause of Action (breach of fiduciary duty) must be dismissed because Vantor is a contractual service provider — specifically, a fund administrator — and not a fiduciary

We will urge the court to find that the question of whether Vantor owed fiduciary duties to Ironside cannot be resolved on a CPLR § 3211 motion, where the court must accept all well-pleaded factual allegations as true

Finally, and critically, at the motion to dismiss stage, the court must accept as true Ironside's well-pleaded allegations of fraud and willful misconduct