McNamara v. Droesch

Where a fraud claim gives rise to damages which are not separate and distinct from those flowing from an alleged medical malpractice cause of action, it must be dismissed (see Bellera v Handler, 284 AD2d 488, 490 [2001]). Here, the defendants established their prima facie entitlement to judgment as a matter of law with respect to the cause of action alleging fraud, and the plaintiffs failed to raise a triable issue of fact. The plaintiffs failed to demonstrate that the injuries arising from the alleged fraud differed from those caused by the alleged malpractice. Accordingly, the Supreme Court…