Legal Opinion
Carl v. Cohen
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 2008PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Robinson Edmead, J.), entered June 18, 2007, which, to the extent appealed from, granted defendant’s motion to dismiss plaintiffs claims for tortious interference with prospective business advantage and fraud, unanimously affirmed, without costs.
The fraud claim was duplicative of the legal malpractice claim since it was “not based on an allegation of independent, intentionally tortious” conduct (Sabo v Alan B. Brill, P.C., 25 AD3d 420, 421 [2006]) and failed to allege “separate and *479distinct” damages (White of Lake George v Bell, 251 AD2d 777, 778…
2Cases cited3 opinions
- Carvel Corp. v. NoonanNew York Court of Appeals · 2004
- White of Lake George, Inc. v. BellAppellate Division of the Supreme Court of the State of New York · 1998
- Sabo v. Alan B. Brill, P.C.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by7 opinions
- Johnson v. Proskauer Rose LLPAppellate Division of the Supreme Court of the State of New York · 2015
- Financial Services Vehicle Trust v. SaadAppellate Division of the Supreme Court of the State of New York · 2010
- Empire One Telecommunications, Inc. v. Verizon New York, Inc.New York Supreme Court · 2009
- Gourary v. GreenAppellate Division of the Supreme Court of the State of New York · 2016
- Brook v. Peconic Bay Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2023
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