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AMBAC ASSUR. CORP. v. COUNTRYWIDE HOME LOANS, INC.

651612/10. Appeal No. 13789. Case No. 2020-04907.

194 A.D.3d 474 (2021)

143 N.Y.S.3d 539

2021 NY Slip Op 02978

Ambac Assurance Corporation, Appellant, et al., Plaintiff, v. Countrywide Home Loans, Inc., et al., Respondents, et al., Defendant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York ( Kathleen M. Sullivan of counsel), for appellant.

Simpson Thacher & Bartlett LLP, New York ( Joseph M. McLaughlin of counsel), and Williams & Connolly LLP, New York ( Kenneth C. Smurzynski of the bar of the District of Columbia, admitted pro hac vice, of counsel), for respondents.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

Countrywide established that the damages Ambac seeks in connection with its fraud claim are essentially the same as those it seeks under its breach of contract claim (see Avnet, Inc. v Deloitte Consulting LLP, 187 A.D.3d 430, 432 [1st Dept 2020]; Mañas v VMS Assoc., LLC, 53 A.D.3d 451, 454 [1st Dept 2008] [fraud claim is duplicative of contract claim where both seek redress for the same "species" of harm]).

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