portion of the fraud claim in New York

2015Inasmuch as a cause of action for fraud does not arise where the “alleged fraud relates directly to plaintiffs cause of action for breach of contract” (Brumbach v Rensselaer Polytechnic Inst., 126 AD2d 841, 843 [1987]; see Kosowsky v Willard Mtn., Inc., 90 AD3d 1127, 1129 [2011]; Salvador v Uncle Sam’s Auctions & Realty, 307 AD2d 609, 611 [2003], lv dismissed 1 NY3d 566 [2003]), Supreme Court properly dismissed this portion of the fraud claim as being directly related to plaintiffs breach of contract claim.

2014That leaves only the portion of the fraud claim alleging that UHY fraudulently misrepresented to the trusts that it would “accurately identify, and accurately disclose any changes in, the [t]rusts’ financial statuses, including the danger of incurring operating deficits.” Because these allegations are essentially duplicative of the allegations that UHY intentionally breached the contracts, they do not give rise to a separate fraud cause of action and must be dismissed (see Kosowsky v Willard Mtn., Inc., 90 AD3d 1127, 1129 [2011]).

2013The continuous representation doctrine did not apply to the malpractice claim, as the legal services relied upon were unrelated to the specific legal matter as to which malpractice was alleged (see Shumsky v Eisenstein, 96 NY2d 164, 168 [2001]), and was not pursuant to a retainer agreement in which the attorney and client anticipated continued representation (id. at 170).

2013The continuous representation doctrine did not apply to the malpractice claim, as the legal services relied upon were unrelated to the specific legal matter as to which malpractice was alleged (see Shumsky v Eisenstein, 96 NY2d 164, 168 [2001]), and was not pursuant to a retainer agreement in which the attorney and client anticipated continued representation (id. at 170).

2017Furthermore, Adams may be held personally liable on the portion of the fraud claim in question, notwithstanding his position as an officer of a limited liability company, because he is alleged to have personally participated in the commission of a tort in furtherance of company business ( see Pludeman v Northern Leasing Sys., Inc. , 10 NY3d 486, 491 [2008]; 277 Mott St.

2017Furthermore, Adams may be held personally liable on the portion of the fraud claim in question, notwithstanding his position as an officer of a limited liability company, because he is alleged to have personally participated in the commission of a tort in furtherance of company business (see Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 491 [2008]; 277 Mott St.

2017Trustee, LLC v Citco Fund Servs. [Europe] B.V. , 145 AD3d 16, 23 [1st Dept 2016], quoting Kirschner v KPMG LLP , 15 NY3d 446, 465, 466 [2010] [alteration in original, internal quotation marks omitted]).

2017Trustee, LLC v Citco Fund Servs. [Europe] B.V., 145 AD3d 16, 23 [1st Dept 2016], quoting Kirschner v KPMG LLP, 15 NY3d 446, 465, 466 [2010] [internal quotation marks omitted]).

2017Trustee, LLC v Citco Fund Servs. [Europe] B.V. , 145 AD3d 16, 23 [1st Dept 2016], quoting Kirschner v KPMG LLP , 15 NY3d 446, 465, 466 [2010] [alteration in original, internal quotation marks omitted]).

2017Trustee, LLC v Citco Fund Servs. [Europe] B.V., 145 AD3d 16, 23 [1st Dept 2016], quoting Kirschner v KPMG LLP, 15 NY3d 446, 465, 466 [2010] [internal quotation marks omitted]).

2017Where, at the pleading stage of the proceedings, there are undeveloped issues concerning a breach of contract claim due to the ambiguity of a contractual provision, it is premature to dismiss another claim, such as the portion of the fraud claim in question here, as duplicative, and both claims should be permitted to stand ( Demetre v HMS Holdings Corp. , 127 AD3d 493, 493-494 [1st Dept 2015]).

2017Where, at the pleading stage of the proceedings, there are undeveloped issues concerning a breach of contract claim due to the ambiguity of a contractual provision, it is premature to dismiss another claim, such as the portion of the fraud claim in question here, as duplicative, and both claims should be permitted to stand (Demetre v HMS Holdings Corp., 127 AD3d 493, 493-494 [1st Dept 2015]).

2015Inasmuch as a cause of action for fraud does not arise where the “alleged fraud relates directly to plaintiffs cause of action for breach of contract” (Brumbach v Rensselaer Polytechnic Inst., 126 AD2d 841, 843 [1987]; see Kosowsky v Willard Mtn., Inc., 90 AD3d 1127, 1129 [2011]; Salvador v Uncle Sam’s Auctions & Realty, 307 AD2d 609, 611 [2003], lv dismissed 1 NY3d 566 [2003]), Supreme Court properly dismissed this portion of the fraud claim as being directly related to plaintiffs breach of contract claim.

2015Finally, plaintiffs allegation that Mclvor committed fraud by directing the Trust’s bank to release NFBA property being held as collateral against a $750,000 line of credit, which was acting as a security deposit made by the Trust pursuant to Workers’ Compensation Law § 50 (3-a) (2) (b), does not allege any false misrepresentation or material omission of fact made to the Trust (see Mariano v Fiorvante, 118 AD3d 961, 962 [2014]).

2015Inasmuch as a cause of action for fraud does not arise where the “alleged fraud relates directly to plaintiffs cause of action for breach of contract” (Brumbach v Rensselaer Polytechnic Inst., 126 AD2d 841, 843 [1987]; see Kosowsky v Willard Mtn., Inc., 90 AD3d 1127, 1129 [2011]; Salvador v Uncle Sam’s Auctions & Realty, 307 AD2d 609, 611 [2003], lv dismissed 1 NY3d 566 [2003]), Supreme Court properly dismissed this portion of the fraud claim as being directly related to plaintiffs breach of contract claim.