Fraud Notes: A Little of This. A Little of That
- May 24 2021
As we have discussed in numerous posts, plaintiffs alleging breach of contract and fraud risk having the latter cause of action dismissed because it is duplicative of the former one. …
Category: Duplication of Claims
VARIATIONS ON A THEME: SECOND DEPARTMENT DISMISSES COUNTERCLAIM FOR NEGLIGENT CONSTRUCTION AS DUPLICATIVE OF DEFENDANT’S BREACH OF CONTRACT COUNTERCLAIM
- May 14 2021
This Blog frequently highlights cases analyzing the viability of fraud claims when contract claims are also made. See, e.g., [here], [here], [here], [here], [here], [here]. In Michael Davis Construction, Inc. …
Duplication: If It Looks Like A Duck, Swims Like A Duck, and Quacks Like A Duck…
- May 5 2021
“If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.” This saying best describes the duplication of claims doctrine …
First Department Finds Fraud Claim Duplicative of Contract Claim Even Though Plaintiff Stated A Duty Independent of The Contract
- Apr 21 2021
A “recurring question” New York courts grapple with is whether the facts alleged in a complaint give rise to claims for both breach of contract and fraudulent inducement. Cronos Grp. …
Fraud Complaint That Seeks Damages Different From Contract Found Not To be Duplicative of Contract Claim
- Mar 10 2021
In the past, this Blog has examined cases in which the plaintiff brings a breach of contract claim and fraud claim in the same proceeding. [E.g., here, here, here, and …
Fraud and the Effort to Obtain an E-2 Visa
- Mar 1 2021
“You can’t have fraud if you disclose it,” said the motion court in Ibarrondo v. Evans, 2020 N.Y. Slip Op 30051(U) (Sup. Ct., N.Y. County Jan. 6, 2020) (here), aff’d, …
Sometimes The Facts Are Just Not On Your Side
- Feb 24 2021
As the title of this article suggests, there are times in litigation where the facts simply do not support a claim or defense advanced by one or more of the …
A New Year, Same Result: Fraud Claim Dismissed as Duplicative of Contract Claim
- Jan 6 2021
A “recurring question” courts in New York grapple with is whether the facts alleged in a complaint give rise to sustainable claims for both breach of contract and fraudulent inducement. …
Misrepresentations Concerning Intent Not to Perform Are Not The Same As Misrepresentations Concerning The Ability to Perform For Duplication Purposes
- Dec 2 2020
“A cause of action for fraud does not arise when the only fraud charged relates to a breach of contract.” Krantz v. Chateau Stores of Can. Ltd., 256 A.D.2d 186, …
The Duplication of Claims Doctrine Strikes Again
- Oct 28 2020
Readers of this Blog know that, as a general matter, New York courts will not permit a fraud-based claim (i.e., fraudulent inducement) to survive a motion to dismiss when the …
