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Levine v. American International Group

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 2005
16 A.D.3d 250 (N.Y. App. Div. 2005)

Opinion

5640.

March 22, 2005.

Judgment, Supreme Court, New York County (Charles Edward Ramos, J.), entered January 26, 2004, dismissing the complaint as against all defendants, unanimously affirmed, without costs.

Before: Tom, J.P., Saxe, Sullivan, Ellerin and Nardelli, JJ.


The oral agreement by which defendants allegedly considered plaintiff's rights as vested under their deferred compensation plan in the event of his early termination was not capable of performance within one year, and thus violated the statute of frauds ( see Sheehy v. Clifford Chance Rogers Wells LLP, 3 NY3d 554).

A cause of action for fraud arising out of a contractual relationship may be maintained only where the plaintiff alleges a breach of duty separate from, or in addition to, a breach of the contract ( see Non-Linear Trading Co. v. Braddis Assoc., 243 AD2d 107, 118). In the absence of such pleading, the causes of action alleging fraud and fraudulent inducement were properly dismissed.


Summaries of

Levine v. American International Group

Appellate Division of the Supreme Court of New York, First Department
Mar 22, 2005
16 A.D.3d 250 (N.Y. App. Div. 2005)
Case details for

Levine v. American International Group

Case Details

Full title:SCOTT A. LEVINE, Appellant, v. AMERICAN INTERNATIONAL GROUP et al.…

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

Date published: Mar 22, 2005

Citations

16 A.D.3d 250 (N.Y. App. Div. 2005)
792 N.Y.S.2d 35

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