With no explanation, chose the best option from "A", "B", "C" or "D". to the particular case.” Wiener v. Lazard Freres & Co., 241 A.D.2d 114, 672 N.Y.S.2d 8, 14 (1st Dep’t 1998); accord Eurycleia Partners v. Seward & Kissel, LLP, 12 N.Y.3d 553, 561, 883 N.Y.S.2d 147, 910 N.E.2d 976 (2009); Abercrombie, 438 F.Supp.2d at 274. Therefore, “a claim alleging the existence of a fiduciary duty usually is not subject to dismissal under Rule 12(b)(6).” Abercrombie, 438 F.Supp.2d at 274. On a motion to dismiss, it is often “ ‘impossible to say that plaintiff will be unable to prove the existence of a fiduciary relationship.’ ” Am. Tissue, Inc. v. Donaldson, Lufkin & Jenrette Sec. Corp., 351 F.Supp.2d 79, 102 (S.D.N.Y.2004) (quoting Penato v. George, 52 A.D.2d 939, 383 N.Y.S.2d 900, 905 (2d Dep’t 1976)); see also Apple Records, Inc., 529 N.Y.S.2d at 283 (<HOLDING>). The Second Circuit has held that “the

A: holding that the plaintiff presented sufficient evidence to establish an agency relationship for service to be effective
B: holding that while the contract did not establish a formal fiduciary relationship the pleadings were sufficient to raise an issue as to the existence of an informal one
C: holding that the nonmovant must make a showing sufficient to establish the existence of an element essential to that partys case
D: recognizing the existence of the special relationship
B.