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JOHN v. YEOMANS

26 A.D.3d 266 (2006)

810 N.Y.S.2d 154

ATLANTIC ST. JOHN, LLC, et al., Appellants, v. WILLIAM YEOMANS et al., Respondents.

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

February 23, 2006.

Plaintiffs' claim of breach of fiduciary duty was properly dismissed since the parties' various contracts terminated by their express terms with the failure of the contract's express closing conditions. Plaintiffs cannot resurrect their plainly defective breach of contract claim under the guise of a breach of fiduciary duty claim. To credit plaintiffs' theory would permit them to rewrite the contracts, nullifying their unambiguous...

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