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J.E. MORGAN KNITTING MILLS, INC. v. REEVES BROS., INC.

243 A.D.2d 422 (1997)

663 N.Y.S.2d 211

J.E. Morgan Knitting Mills, Inc., et al., Appellants, v. Reeves Brothers, Inc., et al., Respondents

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

October 30, 1997

Plaintiffs' cause of action for fraud, which alleges that defendants knew at the time of contract execution that their warranty therein against undisclosed liabilities burdening the property was false, was properly dismissed as duplicative of plaintiffs' cause of action for breach of contract. The fraud alleged is based on the same facts as underlie the contract claim and is not collateral to the contract and no damages are alleged...

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