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MELCHER v. APOLLO MEDICAL FUND MANAGEMENT L.L.C.

25 A.D.3d 482 (2006)

808 N.Y.S.2d 207

JAMES L. MELCHER, Appellant-Respondent, v. APOLLO MEDICAL FUND MANAGEMENT L.L.C. et al., Respondents-Appellants. JAMES L. MELCHER, Respondent, v. APOLLO MEDICAL FUND MANAGEMENT L.L.C. et al., Appellants.

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

January 24, 2006.

Concerning plaintiff's appeal from the first order, the conversion cause of action was properly dismissed as duplicative of the contract cause of action (see Richbell Info. Servs. v Jupiter Partners, 309 A.D.2d 288, 306 [2003]). In view of the foregoing, it is unnecessary to address whether the conversion claim was otherwise sufficiently stated.

Concerning defendants' appeal from...

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