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COPPOLA v. APPLIED ELECTRIC CORP.

288 A.D.2d 41 (2001)

732 N.Y.S.2d 402

NICHOLAS COPPOLA, Appellant, v. APPLIED ELECTRIC CORP. et al., Respondents.

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

Decided November 8, 2001.

Plaintiff's fraud claim, based on the allegation that defendant Herman harbored the undisclosed intention from the outset to never comply with the parties' stock purchase agreement, was properly dismissed as merely duplicative of his breach of contract cause of action. Assuming the truth of plaintiff's allegations and according him every possible favorable inference to determine only whether the facts alleged fit within any cognizable...

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