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EMPIRE OUTLET BLDRS. LLC v. CONSTRUCTION RESOURCES CORP. OF N.Y.

8788, 656074/17.

170 A.D.3d 582 (2019)

97 N.Y.S.3d 68

2019 NY Slip Op 02277

Empire Outlet Builders LLC, Appellant, v. Construction Resources Corp. of New York et al., Respondents.

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

Decided March 26, 2019.

The court correctly dismissed the third cause of action (fraud against defendant Construction Resources Corp. of New York [CRC]) as duplicative of the first (breach of contract against CRC). Regardless of whether plaintiff sufficiently alleged breach of a duty independent of the Subcontractor Agreement, the fraud claim is duplicative because plaintiff will be fully compensated via the contract claim (see MBIA Ins. Corp. v Credit...

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