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ELMROCK OPPORTUNITY MASTER FUND I, L.P. v. CITICORP N. AM., INC.

4484, 653300/16.

155 A.D.3d 411 (2017)

62 N.Y.S.3d 797

2017 NY Slip Op 07678

ELMROCK OPPORTUNITY MASTER FUND I, L.P., Appellant, v. CITICORP NORTH AMERICA, INC., et al., Respondents.

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

Decided November 2, 2017.

As to Citicorp the fiduciary duty claim was correctly dismissed as duplicative of the contract claim (see e.g. ABL Advisor LLC v Peck, 147 A.D.3d 689, 691 [1st Dept 2017]; Celle v Barclays Bank P.L.C., 48 A.D.3d 301 [1st Dept 2008]).

On appeal, plaintiff argues that its cause of action against defendant ESSL 2, Inc. for breach of fiduciary...

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