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RIVAS v. AMERIMED USA, INC.

30 A.D.3d 330 (2006)

818 N.Y.S.2d 64

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.

June 27, 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]). No breach of contract claims were alleged against individual defendants Posner and Waksal, however, so the fraud claims against them were not subject to dismissal on the same ground (see Richbell Info. Servs. v Jupiter...

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