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COVENTRY REAL ESTATE ADVISORS, L.L.C. v. DDR CORP.

12772, 115559/09.

118 A.D.3d 547 (2014)

988 N.Y.S.2d 583

2014 NY Slip Op 4432

COVENTRY REAL ESTATE ADVISORS, L.L.C., et al., Appellants-Respondents, v. DDR CORP., Formerly Known as DEVELOPERS DIVERSIFIED REALTY CORPORATION, et al., Respondents-Appellants.

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

Decided June 17, 2014.

The sixth and seventh causes of action for fraudulent inducement and negligent misrepresentation were properly dismissed. As in the related Ohio action, plaintiffs' evidence as to defendants' conduct can support, at most, claims for breach of contract and not claims based in fraud (see Albemarle Theatre v Bayberry Realty Corp., 27 A.D.2d 172, 176 [1st Dept 1967]).

The court properly rejected defendants' argument that the...

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