November 26, 2018

A dismissed fraud claim.

Practice point:  The claim will be dismissed as duplicative of the contract claim if it does not allege that the defendant breached a duty other than the contractual duty, but merely restates the contract claim in terms of fraud and misrepresentation.

FJ Vulis, LLC v. ValNY Slip Op 07835 (1st Dep't November 15, 2018)

Here is the decision.