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GREENMAN-PEDERSEN, INC. v. BERRYMAN & HENIGAR, INC.

4559, 403085/09.

83 A.D.3d 520 (2011)

920 N.Y.S.2d 667

GREENMAN-PEDERSEN, INC., et al., Appellants, v. BERRYMAN & HENIGAR, INC., et al., Respondents.

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

Decided April 19, 2011.

The motion court erred by dismissing the claim sounding in fraud, as it was independent of the breach of contract claim (see Freedman v Pearlman, 271 A.D.2d 301, 304 [2000]; First Bank of Ams. v Motor Car Funding, 257 A.D.2d 287, 291-292 [1999]). At this early stage, it cannot be said, as a matter of law, that defendants did not have a duty to...

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