RIVAS v. AMERIMED USA, INC.


34 A.D.3d 250 (2006)

824 N.Y.S.2d 41

PABLO RIVAS et al., Appellants, v. AMERIMED USA, INC., et al., Respondents.

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

Decided November 9, 2006.


The court properly dismissed plaintiffs' fraud claims against the corporate defendant as duplicative of their breach of contract claims (see Non-Linear Trading Co. v Braddis Assoc., 243 A.D.2d 107, 118 [1998]). The fraud claims against the individual defendants Posner and Waksal, were also properly dismissed inasmuch as plaintiffs fail to allege that the individual defendants, who were members of the corporate defendant's board of...

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