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INTERPHARM, INC. v. FAIRCHILD WAREHOUSE ASSOCS.

251 A.D.2d 546 (1998)

673 N.Y.S.2d 927

Interpharm, Inc., Appellant, v. Fairchild Warehouse Associates, Respondent

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

June 22, 1998

Ordered that the orders are affirmed, with one bill of costs.

The Supreme Court dismissed the plaintiff's second and fourth causes of action on the ground that the plaintiff impermissibly split its breach of contract claim. However, we find that the second cause of action should have been dismissed as it was merely a repetition of the first cause of action (see, Squire Records v Vanguard Recording Socy.,

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