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TRI-LAND PROPERTIES, INC. v. 115 WEST 28TH STREET CORP.

260 A.D.2d 295 (1999)

689 N.Y.S.2d 53

TRI-LAND PROPERTIES, INC., Respondent, v. 115 WEST 28TH STREET CORP. et al., Appellants, et al., Defendants. ELEANOR DUBE et al., Appellants, v. TRI-LAND PROPERTIES, INC., et al., Respondents.

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

Decided April 27, 1999.

Appellants' proposed causes of action in action No. 2, which allege, inter alia, fraud, breach of fiduciary duty, duress, bad faith and unconscionability in connection with respondents' procuring of a second mortgage from appellants and respondents' purchase of a first mortgage in furtherance of their own interests rather than appellants', were properly rejected as duplicative of claims already pleaded herein, or of claims that were dismissed, or factual allegations...

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