fraud-based claim (New York) · Go Syfert
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fraud-based claim in New York

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.

Followed or applied (10)

CaseFollowedCited
MMCT, LLC v. JTR College Point, LLCgreen
nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2017–2024
2 sentences

2024Point, 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

22
Kimmell v. Schaefergreen
ny · 1996 · cited in 2 New York opinions naming this issue, 2022–2022
2 sentences

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]).

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]).

22
Mañas v. VMS Associates, LLCgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2024–2024
1 sentence

2024Point, LLC, 122 AD3d 497, 499 (1st Dept. 2014), quoting Manas v VMS Assoc., LLC, 53 AD3d 451, 453 (1st Dept. 2008).

11
Coppola v. Applied Electric Corp.green
nyappdiv · 2001 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Corp. , 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

11
Laurel Hill Advisory Group, LLC v. American Stock Transfer & Trust Co.green
nyappdiv · 2013 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

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

11
Mosaic Caribe, Ltd. v. AllSettled Group, Inc.green
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

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

11
Nuova v. Slowchowskygreen
nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

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

11
People v. Baezgreen
nyappdiv · 2008 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

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

11
Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George Beladinogreen
ca2 · 1996 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Corp. , 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

11
Doukas v. Ballardgreen
nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Corp. , 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

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Perez neutral
ny · 2008
1 sentence

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

12017–2017
Gordon v. Dino De Laurentiis Corp. green
nyappdiv · 1988
1 sentence

1995The fraud-based defense and counterclaim impermissibly restated appellants’ claim for breach of contract (Gordon v De Laurentiis Corp., 141 AD2d 435, 436 ).

11995–1995
Tesoro Petroleum Corp. v. Holborn Oil Co. green
nyappdiv · 1985
1 sentence

1995A 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).

11995–1995
Comtomark, Inc. v. Satellite Communications Network, Inc. green
nyappdiv · 1986
1 sentence

1995A 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).

11995–1995
Douglas R. v. Suzanne M. green
nysupct · 1985
1 sentence

1992The 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]).

11992–1992

Where else courts name it

NY 6 (1992–2024) NC 4 (2012–2021) NJ 3 (2007–2012) NE 2 (1994–2020) OH 2 (2005–2017) CA 2 (2008–2010) MD 2 (2010–2026) NV 2 (2016–2016) FL 2 (2012–2015) MN 2 (1997–2005) OK 2 (2009–2023)

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.

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