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CITI MANAGEMENT GROUP, LTD. v. HIGHBRIDGE HOUSE OGDEN, LLC

45 A.D.3d 487 (2007)

847 N.Y.S.2d 33

CITI MANAGEMENT GROUP, LTD., Appellant, v. HIGHBRIDGE HOUSE OGDEN, LLC, Respondent and Third-Party Plaintiff-Respondent. LESLIE M. WESTREICH et al., Third-Party Defendants-Appellants.

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

Decided November 29, 2007.

At this stage of the litigation, defendant is permitted to plead in the alternative (see CPLR 3014). Based upon the varying allegations suggesting affirmative deception, the claims for breach of the implied covenant of good faith and fair dealing, and for fraud, should not be dismissed as duplicative of the breach-of-contract cause of action at this juncture (cf. Town House Stock LLC v Coby Hous. Corp., 36 A.D.3d 509 [2007...

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