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ARCHSTONE DEVELOPMENT LLC v. RENVAL CONSTRUCTION LLC

5144. 654491/16.

156 A.D.3d 432 (2017)

67 N.Y.S.3d 7

2017 NY Slip Op 08492

ARCHSTONE DEVELOPMENT LLC, Appellant, v. RENVAL CONSTRUCTION LLC et al., Respondents.

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

Decided December 5, 2017.

The motion court correctly dismissed the causes of action for fraudulent inducement as duplicative of the breach of contract claim (see generally Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 N.Y.2d 382, 389 [1987]). Plaintiff's allegation that defendants misrepresented their intent to use a deposit to engage subcontractors amounts to allegations of an insincere promise of future performance under the contract, which is insufficient...

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