ROCKEFELLER UNIV. v. TISHMAN CONSTR. CORP. OF NEW YORK


240 A.D.2d 341 (1997)

659 N.Y.S.2d 460

Rockefeller University, Respondent, v. Tishman Construction Corporation of New York, Appellant and Third-Party Plaintiff, et al., Defendants, et al., Third-Party Defendants. (And Other Related Actions.) Rockefeller University, Plaintiff, v. Tishman Construction Corporation of New York, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. Westinghouse Elevator Company, a Division of Schindler Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And Other Related Actions.) Rockefeller University, Respondent, v. Tishman Construction Corporation of New York et al., Respondents. (And Other Related Actions.) Stanley H. Goldstein, P. C., et al., Sixth-Party Plaintiffs-Respondents, v. Century Maxim Construction Corp. et al., Sixth-Party Defendants-Respondents, and Abramovitz-Kingsland-Schiff, Sued Herein as Abramovitz-Harris-Kingsland, Sixth-Party Defendant-Appellant Rockefeller University, Appellant, v. Tishman Construction Corporation of New York, Appellant, et al., Defendants. (And Other Related Actions.) Rosen & Morelli Masons, a Joint Venture, et al., Fifth-Party Plaintiffs-Respondents, et al., Fifth-Party Defendant. (And Another Related Action.)

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

June 26, 1997


Consistent with its prior order affirmed by this Court (232 A.D.2d 155, lv denied 89 N.Y.2d 811), the motion court correctly held that Rockefeller's misrepresentation and fraudulent misrepresentation claims against Tishman are duplicative of its breach of contract cause of action since the identical contractual benefit of the bargain recovery is sought.

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