Legal Opinion
J.E. Morgan Knitting Mills, Inc. v. Reeves Bros.
Appellate Division of the Supreme Court of the State of New York
Decided October 30, 1997PublishedCited by 23 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Lewis Friedman, J.), entered June 20, 1996, which, insofar as appealed from as limited by plaintiffs’ brief, granted defendants’ motion to *423dismiss the cause of action for fraud for failure to state a cause of action, unanimously affirmed, with costs.
Plaintiffs’ cause of action for fraud, which alleges that defendants knew at the time of contract execution that their warranty therein against undisclosed liabilities burdening the property was false, was properly dismissed as duplicative of plaintiffs’ cause of action for breach of contract. The fraud…
2Cases cited4 opinions
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- Graubard Mollen Dannett & Horowitz v. MoskovitzNew York Court of Appeals · 1995
- Papa's-June Music, Inc. v. McLeanDistrict Court, S.D. New York · 1996
- Big Apple Car, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
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