CHAPPO & CO., INC. v. ION GEOPHYSICAL CORPORATION

4777, 602562/09.

83 A.D.3d 499 (2011)

921 N.Y.S.2d 227

CHAPPO & CO., INC., Appellant-Respondent, v. ION GEOPHYSICAL CORPORATION, Respondent-Appellant, and BARCLAYS CAPITAL INC. et al., Respondents.

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

Decided April 14, 2011.


The cause of action alleging fraud in the inducement is barred by the merger clause contained in the engagement letter (see Deerfield Communications Corp. v Chesebrough-Ponds, Inc., 68 N.Y.2d 954, 956 [1986]; GoSmile, Inc. v Levine, 81 A.D.3d 77 [2010]). In any event, it is duplicative of the breach of contract cause of action (see Mañas v VMS Assoc., LLC, 53...

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