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6 New York opinions name it 3 courts 1992–2024 3 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
MMCT, LLC v. JTR College Point, LLCgreen2 sentences2024Point, LLC, 122 AD3d 497, 499 (1st Dept. 2014), quoting Manas v VMS Assoc., LLC, 53 AD3d 451, 453 (1st Dept. 2008). 2017Point, LLC , 122 AD3d 497, 499 (1st Dept 2014) ("A fraud-based claim is duplicative of a breach of contract claim when the only fraud alleged is that the defendant was not sincere when it promised to perform under the contract") (internal quotation marks omitted); Mosaic Caribe, Ltd. v AllSettled Group, Inc. , 117 AD3d 421, 422-423 (1st Dept 2014) (a fraud claim was insufficient as "duplicative of the breach of contract claim" because it sought "the same [compensatory] damages as the breach of contract claim"); Laurel Hill Advisory Group, LLC v American Stock Transfer & Trust Co., LLC , 112 AD | 2 | 2 |
Kimmell v. Schaefergreen2 sentences2022As to the negligent misrepresentation claims, [*2]the arm's length transaction between the sophisticated parties did not give rise to a "special relationship" requiring defendants to speak with care about Borrower's financial condition ( Kimmell v Schaefer , 89 NY2d 257, 264 [1996]). 2022As to the negligent misrepresentation claims, [*2]the arm's length transaction between the sophisticated parties did not give rise to a "special relationship" requiring defendants to speak with care about Borrower's financial condition ( Kimmell v Schaefer , 89 NY2d 257, 264 [1996]). | 2 | 2 |
Mañas v. VMS Associates, LLCgreen1 sentence2024Point, LLC, 122 AD3d 497, 499 (1st Dept. 2014), quoting Manas v VMS Assoc., LLC, 53 AD3d 451, 453 (1st Dept. 2008). | 1 | 1 |
Coppola v. Applied Electric Corp.green1 sentence2017Corp. , 288 AD2d 41, 42 (1st Dept 2001) (affirming dismissal of fraud claim as "duplicative" of contract claim where the complaint "did not allege any damages . . . that would not be recoverable under a contract measure of damages" and "failed to plead a breach of duty separate from a breach of the contract"); accord Bridgestone/Firestone, Inc. v Recovery Credit Servs., Inc. , 98 F3d 13, 19 (2d Cir 1996) ("intentionally-false statements . . . indicating [an] intent to perform under the contract" are "not sufficient to support a claim of fraud under New York law"); Doukas v Ballard , 135 AD3d 8 | 1 | 1 |
Laurel Hill Advisory Group, LLC v. American Stock Transfer & Trust Co.green1 sentence2017Point, LLC , 122 AD3d 497, 499 (1st Dept 2014) ("A fraud-based claim is duplicative of a breach of contract claim when the only fraud alleged is that the defendant was not sincere when it promised to perform under the contract") (internal quotation marks omitted); Mosaic Caribe, Ltd. v AllSettled Group, Inc. , 117 AD3d 421, 422-423 (1st Dept 2014) (a fraud claim was insufficient as "duplicative of the breach of contract claim" because it sought "the same [compensatory] damages as the breach of contract claim"); Laurel Hill Advisory Group, LLC v American Stock Transfer & Trust Co., LLC , 112 AD | 1 | 1 |
Mosaic Caribe, Ltd. v. AllSettled Group, Inc.green1 sentence2017Point, LLC , 122 AD3d 497, 499 (1st Dept 2014) ("A fraud-based claim is duplicative of a breach of contract claim when the only fraud alleged is that the defendant was not sincere when it promised to perform under the contract") (internal quotation marks omitted); Mosaic Caribe, Ltd. v AllSettled Group, Inc. , 117 AD3d 421, 422-423 (1st Dept 2014) (a fraud claim was insufficient as "duplicative of the breach of contract claim" because it sought "the same [compensatory] damages as the breach of contract claim"); Laurel Hill Advisory Group, LLC v American Stock Transfer & Trust Co., LLC , 112 AD | 1 | 1 |
Nuova v. Slowchowskygreen1 sentence2017Point, LLC , 122 AD3d 497, 499 (1st Dept 2014) ("A fraud-based claim is duplicative of a breach of contract claim when the only fraud alleged is that the defendant was not sincere when it promised to perform under the contract") (internal quotation marks omitted); Mosaic Caribe, Ltd. v AllSettled Group, Inc. , 117 AD3d 421, 422-423 (1st Dept 2014) (a fraud claim was insufficient as "duplicative of the breach of contract claim" because it sought "the same [compensatory] damages as the breach of contract claim"); Laurel Hill Advisory Group, LLC v American Stock Transfer & Trust Co., LLC , 112 AD | 1 | 1 |
People v. Baezgreen1 sentence2017Point, LLC , 122 AD3d 497, 499 (1st Dept 2014) ("A fraud-based claim is duplicative of a breach of contract claim when the only fraud alleged is that the defendant was not sincere when it promised to perform under the contract") (internal quotation marks omitted); Mosaic Caribe, Ltd. v AllSettled Group, Inc. , 117 AD3d 421, 422-423 (1st Dept 2014) (a fraud claim was insufficient as "duplicative of the breach of contract claim" because it sought "the same [compensatory] damages as the breach of contract claim"); Laurel Hill Advisory Group, LLC v American Stock Transfer & Trust Co., LLC , 112 AD | 1 | 1 |
Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George Beladinogreen1 sentence2017Corp. , 288 AD2d 41, 42 (1st Dept 2001) (affirming dismissal of fraud claim as "duplicative" of contract claim where the complaint "did not allege any damages . . . that would not be recoverable under a contract measure of damages" and "failed to plead a breach of duty separate from a breach of the contract"); accord Bridgestone/Firestone, Inc. v Recovery Credit Servs., Inc. , 98 F3d 13, 19 (2d Cir 1996) ("intentionally-false statements . . . indicating [an] intent to perform under the contract" are "not sufficient to support a claim of fraud under New York law"); Doukas v Ballard , 135 AD3d 8 | 1 | 1 |
Doukas v. Ballardgreen1 sentence2017Corp. , 288 AD2d 41, 42 (1st Dept 2001) (affirming dismissal of fraud claim as "duplicative" of contract claim where the complaint "did not allege any damages . . . that would not be recoverable under a contract measure of damages" and "failed to plead a breach of duty separate from a breach of the contract"); accord Bridgestone/Firestone, Inc. v Recovery Credit Servs., Inc. , 98 F3d 13, 19 (2d Cir 1996) ("intentionally-false statements . . . indicating [an] intent to perform under the contract" are "not sufficient to support a claim of fraud under New York law"); Doukas v Ballard , 135 AD3d 8 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Perez
neutral
1 sentence2017Point, LLC , 122 AD3d 497, 499 (1st Dept 2014) ("A fraud-based claim is duplicative of a breach of contract claim when the only fraud alleged is that the defendant was not sincere when it promised to perform under the contract") (internal quotation marks omitted); Mosaic Caribe, Ltd. v AllSettled Group, Inc. , 117 AD3d 421, 422-423 (1st Dept 2014) (a fraud claim was insufficient as "duplicative of the breach of contract claim" because it sought "the same [compensatory] damages as the breach of contract claim"); Laurel Hill Advisory Group, LLC v American Stock Transfer & Trust Co., LLC , 112 AD | 1 | 2017–2017 |
Gordon v. Dino De Laurentiis Corp.
green
1 sentence1995The fraud-based defense and counterclaim impermissibly restated appellants’ claim for breach of contract (Gordon v De Laurentiis Corp., 141 AD2d 435, 436 ). | 1 | 1995–1995 |
Tesoro Petroleum Corp. v. Holborn Oil Co.
green
1 sentence1995A contract action may not be converted into one for fraud by the mere additional allegation that the contracting party did not intend to meet his contractual obligation (Comtomark, Inc. v Satellite Communications Network, 116 AD2d 499, 500 ; Tesoro Petroleum Corp. v Holborn Oil Co., 108 AD2d 607 , appeal dismissed 65 NY2d 637). | 1 | 1995–1995 |
Comtomark, Inc. v. Satellite Communications Network, Inc.
green
1 sentence1995A contract action may not be converted into one for fraud by the mere additional allegation that the contracting party did not intend to meet his contractual obligation (Comtomark, Inc. v Satellite Communications Network, 116 AD2d 499, 500 ; Tesoro Petroleum Corp. v Holborn Oil Co., 108 AD2d 607 , appeal dismissed 65 NY2d 637). | 1 | 1995–1995 |
Douglas R. v. Suzanne M.
green
1 sentence1992The same public policy rationale which prohibits an action for infliction of emotional distress also renders a fraud based claim untenable (Douglas R. v Suzanne M., 127 Misc 2d 745 [Sup Ct, NY County 1985]). | 1 | 1992–1992 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.