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BETA HOLDINGS, INC. v. GOLDSMITH

12567 652401/12

120 A.D.3d 1022 (2014)

992 N.Y.S.2d 25

2014 NY Slip Op 06035

BETA HOLDINGS, INC., et al., Appellants, v. ROBERT J. GOLDSMITH et al., Respondents. CORINTHIAN-BETA INVESTMENTS, LLC, et al., Proposed Additional Counterclaim Defendants-Appellants.

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

Decided September 4, 2014.

The fraud counterclaims, insofar as based on the alleged misrepresentations by counterclaim defendants that they would honor the terms of the promissory notes, are duplicative of the breach of contract counterclaims; the allegations are essentially that they did not intend to honor the terms of the notes at the time they executed them (see New York Univ. v Continental Ins. Co., 87 N.Y.2d 308, 318 [1995]; Orix Credit Alliance v...

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