In NY, where is the line drawn between a fiduciary and non-fiduciary relationship - and why does it matter?
For purposes of clarity, let's answer this two-part question in reverse order. First, the reason why it matters whether you have - or don't have - a fiduciary relationship is because that may often be the determining factor in whether there is a mechanism to recover your losses under New York law. As to where the line is drawn, I suggest you read "Who Is (and Isn't) a Fiduciary Under New York Law."