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COÖPERATIVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. v. ATRADIUS CREDIT INSURANCE N.V.

653665/13, 3631, 3630.

149 A.D.3d 416 (2017)

2017 NY Slip Op 02606

51 N.Y.S.3d 63

COÖPERATIVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK INTERNATIONAL," NEW YORK BRANCH, Appellant, v. ATRADIUS CREDIT INSURANCE N.V. et al., Respondents.

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

Decided April 4, 2017.

The complaint fails to allege facts that would establish a special relationship in support of the causes of action for negligent misrepresentation, fraudulent concealment, and breach of fiduciary duty, separate from the parties' arm's-length contractual relationship under the insurance policy (see e.g. Kobre v United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc., 32 A.D.3d 218, 223 [1st Dept 2006], lv denied 7...

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