Elmrock Opportunity Master Fund I, L.P. v. Citicorp North America, Inc.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 23, 2016, which, insofar as appealed from as limited by the briefs, granted defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the breach of fiduciary duty, fraud in the inducement, and fraud causes of action and the request for punitive damages, unanimously affirmed, with costs.

As to Citicorp the fiduciary duty claim was correctly dismissed as duplicative of the contract claim (see e.g. ABL Advisor LLC v Peck, 147 AD3d 689, 691 [1st Dept 2017]; Celle v Barclays Bank P.L.C., 48 AD3d 301 [1st Dept…