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CARL v. COHEN

55 A.D.3d 478 (2008)

JOHN R. CARL, Appellant, v. JOEL COHEN, ESQ., Respondent.

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

October 30, 2008.

The fraud claim was duplicative of the legal malpractice claim since it was "not based on an allegation of independent, intentionally tortious" conduct (Sabo v Alan B. Brill, P.C., 25 A.D.3d 420, 421 [2006]) and failed to allege "separate and distinct" damages (White of Lake George v Bell, 251 A.D.2d 777, 778 [1998], lv dismissed 92 N.Y...

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