Rivas v. AmeriMed USA, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered August 20, 2004, which granted defendants’ motion to dismiss the fifth, sixth and seventh causes of action and denied plaintiffs’ cross motion for leave to file an amended complaint, unanimously affirmed, with costs; and order, same court and Justice, entered March 2, 2006, which denied plaintiffs’ motion for leave to serve an amended complaint, unanimously affirmed, with costs.
The court properly dismissed plaintiffs’ fraud claims against the corporate defendant as duplicative of their breach of contract claims (see…
2Cases cited6 opinions
- Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Tesoro Petroleum Corp. v. Holborn Oil Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Joan Hansen & Co. v. Everlast World's Boxing Headquarters Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Glanzer v. Keilin & Bloom L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
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- Cherokee Owners Corp. v. DNA Contracting, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Greenman-Pedersen, Inc. v. LevineAppellate Division of the Supreme Court of the State of New York · 2007
- Winter-Wolff International, Inc. v. Alcan Packaging Food & Tobacco Inc.District Court, E.D. New York · 2007