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  5. 191 A.D.3d 402 (2021)
 

BOARD OF MGRS. OF THE ST. TROPEZ CONDOMINIUM v. JMA CONSULTANTS, INC.

Index No. 656079/18. Appeal No. 13015. Case No. 2019-04302.

191 A.D.3d 402 (2021)

137 N.Y.S.3d 692

2021 NY Slip Op 00520

Board of Managers of the St. Tropez Condominium, Respondent, v. JMA Consultants, Inc., Doing Business as JMA of New Jersey in New York, et al., Appellants, et al., Defendants.

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Stevens & Lee, P.C., New York ( Salvatore A. Giampiccolo and John N. Visconi of counsel), for appellants.

Armstrong Teasdale LLP, New York ( Thomas V. Juneau, Jr. of counsel), for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

As both the breach of contract and the negligence claims allege the same underlying facts and seek the same damages, the complaint fails to allege an independent negligence claim, regardless of whether any failure by defendants to perform carefully could have had abrupt or catastrophic consequences (see Dormitory Auth. of the State of N.Y. v Samson Constr. Co., 30 N.Y.3d 704, 711...

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