The IAS Court properly dismissed the fourth affirmative defense and first counterclaim for fraud, which alleged that as a result of the decedent's failure to disclose that he had been diagnosed with lung cancer at the time he signed the parties' Consulting Agreement there was a substantial risk that he would not provide those future consulting services. The fraudbased defense and counterclaim impermissibly restated appellants' claim for breach of contract (Gordon v De...
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