Equitable Accounting as a Cause of Action in New York

“To demonstrate entitlement to equitable accounting, a plaintiff must establish (i) the existence of a confidential or fiduciary relationship between the plaintiff and the defendant and (ii) the defendant’s breach of the duty imposed by that relationship with respect to money or property in which the plaintiff has an interest (Adam v Cutner & Rathkopf, 238 AD2d 234, 242 [1st Dept 1997]). The plaintiff must also demonstrate that there is no adequate remedy at law (Unitel Telecard Distribution Corp. v Nunez, 90 AD3d 568, 569 [1st Dept 2011]).” Shanghai Nonobank Fin. Info. Serv. Co. v. Jie, 2019 N.Y. Slip Op. 32043 (N.Y. Sup. Ct. 2019).