243 A.D.2d 422 (N.Y. App. Div. 1997)

From Casetext: Smarter Legal Research

J.E. Morgan Knitting Mills v. Reeves Bros

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

Oct 30, 1997

243 A.D.2d 422 (N.Y. App. Div. 1997)

Summary

holding that claim that warranty as to liabilities on property was false does not state a cause of action for fraud

Summary of this case from Hughes v. Lillian Goldman Family, LLC

See 8 Summaries

Opinion

October 30, 1997

Appeal from Supreme Court, New York County (Lewis Friedman, J.).

Plaintiffs' cause of action for fraud, which alleges that defendants knew at the time of contract execution that their warranty therein against undisclosed liabilities burdening the property was false, was properly dismissed as duplicative of plaintiffs' cause of action for breach of contract. The fraud alleged is based on the same facts as underlie the contract claim and is not collateral to the contract and no damages are alleged that would not be recoverable under a contract measure of damages ( cf., Deerfield Communications Corp. v. Chesebrough-Ponds, Inc., 68 N.Y.2d 954; Big Apple Car v. City of New York, 234 A.D.2d 136, 138, distinguishing Graubard Mollen Dannett Horowitz v. Moskovitz, 86 N.Y.2d 112, 122; see also, Papa's-June Music v. McLean, 921 F. Supp. 1154, 1161-1162).

Concur — Sullivan, J.P., Milonas, Wallach, Williams and Colabella, JJ.

Summaries of

J.E. Morgan Knitting Mills v. Reeves Bros

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

Oct 30, 1997

243 A.D.2d 422 (N.Y. App. Div. 1997)

holding that claim that warranty as to liabilities on property was false does not state a cause of action for fraud

Summary of this case from Hughes v. Lillian Goldman Family, LLC

upholding dismissal of fraud claim as duplicative of contract claim, where fraud claim was "based on the same facts as underlie the contract claim" and was not merely "collateral to the contract"

Summary of this case from Gotham Boxing Inc. v. Finkel

affirming dismissal of fraud claim as duplicative of contract claim,where fraud claim was "based on the same facts as underlie the contract claim" and was not merely "collateral to the contract"

Summary of this case from Standard Power, LLC v. Alliance Energy, N.Y., LLC

dismissing fraud claim as duplicative of contract cause of action

Summary of this case from Torchlight Loan Servs., LLC v. Column Fin., Inc.

dismissing a fraud claim because "[t]he fraud alleged [was] based on the same facts . . . underl[ying] the contract claim and [was] not collateral to the contract and no damages [were] alleged that would not be recoverable under a contract measure of damages"

Summary of this case from In re American Business Financial Services, Inc.

In Morgan Knitting Mills v. Reeves Bros. (243 A.D.2d 422, 423), we dismissed a fraud claim as duplicative because it was based on the same facts as the contract claim and no damages were alleged that would not be recoverable in an action for breach of contract.

Summary of this case from Orix Credit Alliance, Inc. v. R.E. Hable Co.

dismissing fraud claim as duplicative of breach of contract claim because both claims were based on the same facts

Summary of this case from OA Holding Co. v. Weld N. Ventures LLC

In J.E. Morgan Knitting Mills, Inc. v Reeves Bros., Inc. (243 AD2d 422 [1st Dept 1997]), plaintiffs sued in contract and in tort alleging that certain representations made in their contract documents were false.

Summary of this case from Gluckman v. Laserline-Vulcan Energy Leasing, LLC

J.E. Morgan Knitting Mills v. Reeves Bros

Summary

Opinion

J.E. Morgan Knitting Mills v. Reeves Bros

J.E. Morgan Knitting Mills v. Reeves Bros

Case Details

Citations

Citing Cases

J.E. Morgan Knitting Mills v. Reeves Bros

Summary

Opinion

J.E. Morgan Knitting Mills v. Reeves Bros

J.E. Morgan Knitting Mills v. Reeves Bros

Case Details

CitationsCopy Citations

Citing Cases

Citations