680 F. Supp. 2d 602 (N.D.N.Y. 2010) Cited 47 times
Noting that "where a fraud claim arises out of the same facts as a plaintiff's breach of contract claim, with the addition only of an allegation that defendant never intended to perform the precise promises spelled out in the contract . . . , the fraud claim is redundant and plaintiff's sole remedy is for breach of contract"