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EDUCATIONAL CENTER FOR NEW AMERICANS, INC. v. 66TH AVENUE REALTY CO.

2013-09174

131 A.D.3d 442 (2015)

15 N.Y.S.3d 385

2015 NY Slip Op 06414

EDUCATIONAL CENTER FOR NEW AMERICANS, INC., Appellant, v. 66TH AVENUE REALTY CO. et al., Respondents.

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

Decided August 5, 2015.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (7) to dismiss the second cause of action, which alleged breach of the implied duty of good faith and fair dealing. As pleaded, the second cause of action is duplicative of the first cause of action alleging breach of contract (see Baer v Complete Off. Supply Warehouse Corp.,

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