3P-733, LLC v. DAVIS

Index No. 650800/18. Appeal No. 12186. Case No. 2019-4109.

187 A.D.3d 626 (2020)

135 N.Y.S.3d 27

2020 NY Slip Op 06043

3P-733, LLC, et al., Appellants, v. Tawan Davis et al., Respondents.

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

Decided October 27, 2020.


The court correctly dismissed the fraud claim as duplicative of part of the contract claim (see e.g. Cronos Group Ltd. v XComIP, LLC, 156 A.D.3d 54, 62-63 [1st Dept 2017]). Contrary to plaintiffs' contention on appeal that the contract claim relates solely to the written operating agreement for nonparty Carbyne Property Group, LLC (CPG), they argued before the motion court that the contract claim also encompassed an oral agreement...

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