Legal Opinion

Coppola v. Applied Electric Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 2001PublishedCited by 27 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered July 11, 2000, which, to the extent appealed from as limited by the brief, granted that branch of defendants’ motion pursuant to CPLR 3211 seeking dismissal of plaintiff’s cause of action for fraud for failure to state a cause of action, unanimously affirmed, without costs.

*42Plaintiffs fraud claim, based on the allegation that defendant Herman harbored the undisclosed intention from the outset to never comply with the parties’ stock purchase agreement, was properly dismissed as merely duplicative of his breach of contract…

2Cases cited10 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  3. First Bank of the Americas v. Motor Car Funding, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995

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3Cited by27 opinions

  1. Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Cronos Group Ltd. v. XComIP, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  3. Mañas v. VMS Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  4. River Glen Associates, Ltd. v. Merrill Lynch Credit Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Chowaiki & Co. Fine Art Ltd. v. LacherAppellate Division of the Supreme Court of the State of New York · 2014

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