In Scalp & Blade, Inc. v. Advest, Inc. (281 AD2d 882 [4th Dept 2001] the Appellate Division, Fourth Department denied an investment advisor's motion to dismiss the breach of fiduciary duty and negligent misrepresentations claims and held that "nothing in the Martin Act, or the Court of Appeals cases construing it, precludes a plaintiff from maintaining common-law causes of action based on such facts as might give the Attorney-General a basis for proceeding civilly or criminally against a defendant under the Martin Act" (Scalp & Blade, Inc., 281 AD2d at 883).