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MORGAN v. A.O. SMITH CORPORATION

265 A.D.2d 536 (1999)

697 N.Y.S.2d 152

GEORGE B. MORGAN, on Behalf of Himself and All Others Similarly Situated, Appellant, v. A.O. SMITH CORPORATION et al., Respondents.

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

Decided October 25, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court correctly dismissed the plaintiffs' cause of action to recover damages for fraud since the facts alleged in support of that cause of action were duplicative of the facts alleged in support of the time-barred causes of action to recover damages for breach of warranty (see, Jim Longo, Inc. v Rutigliano, 251 A.D.2d 547

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