The motion court denied the motion to amend on the ground that plaintiff's proposed contract claim is duplicative of its trespass claim. A tort claim is not duplicative of a contract claim if it arises out of the violation of a legal duty that "spring[s] from circumstances extraneous to, and not constituting elements of, the contract, although it may be connected with and dependent upon the contract" (Clark-Fitzpatrick, Inc. v Long Is. R.R. Co.,
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COMMUNITY COUNSELING & MEDIATION SERVICES v. CHERA
3669, 603997/06.
78 A.D.3d 554 (2010)
911 N.Y.S.2d 349
COMMUNITY COUNSELING & MEDIATION SERVICES, Appellant, v. RICHARD CHERA et al., Defendants, and LONG ISLAND UNIVERSITY, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 23, 2010.
Decided November 23, 2010.
Appellate Division of the Supreme Court of New York, First Department.
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