MARCUS v. LINDSLEY F. KIMBALL RESEARCH INSTITUTE OF NEW YORK BLOOD CENTER


24 A.D.3d 187 (2005)

806 N.Y.S.2d 30

LARRY MARCUS et al., Appellants, v. LINDSLEY F. KIMBALL RESEARCH INSTITUTE OF THE NEW YORK BLOOD CENTER, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.


Plaintiffs' fraud claims are not materially distinguishable from their time-barred claims for malpractice and negligence and accordingly were properly dismissed as duplicative of those claims (see Atton v. Bier, 12 A.D.3d 240 [2004]). Moreover, the putative fraud claims state no cognizable claim since they do not sufficiently allege that defendants knew that the paternity report issued by them was inaccurate and deliberately concealed that circumstance from plaintiffs (see id.; Monaco v. New York Univ. Med. Ctr., 213 A.D.2d 167 [1995], lv dismissed in part and denied in part 86 N.Y.2d 882 [1995]).


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