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DELTA DALLAS OMEGA CORP. v. WAIR ASSOCS.

189 A.D.2d 701 (1993)

Delta Dallas Omega Corp., Doing Business as Delta Dallas Construction, Plaintiff, v. Wair Associates, Defendant and Counterclaim Plaintiff-Appellant, et al., Defendant. Delta Dallas Omega Corp. et al., Counterclaim Defendants-Respondents

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

January 21, 1993

To the extent Wair Associates asserts that the Delta Dallas Omega Corp. counterclaim defendants failed to keep their promises as represented prior to execution of the written contract, overbilled or double-billed for labor and materials, used inferior materials, and failed to pay subcontractors, the IAS Court correctly determined that such claims relate to a breach of contract and do not amount to a cause of action for fraud (

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