LYNN v. MAIDA

8778, 653901/16.

170 A.D.3d 573 (2019)

97 N.Y.S.3d 46

2019 NY Slip Op 02268

Kusum Lynn et al., Respondents-Appellants, v. Marco Maida et al., Defendants, Jack Norris, Respondent, and Rebecca Bower, Appellant-Respondent.

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

Decided March 26, 2019.


Plaintiffs had contracts with nonparty 1 + 1 Management, LLC, which has filed for bankruptcy. Defendants in the instant action are members of 1 + 1. Plaintiffs Kusum Lynn and Tim Barber previously sued 1 + 1 for breach of contract.

Defendant Bower contends that plaintiffs' fraud claim should be dismissed because none of her representations were extrinsic to the contracts between plaintiffs and 1 + 1. However, none of the precedents Bower cites involved a contract...

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