Legal Opinion

Cronos Group Ltd. v. XComIP, LLC

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

Decided September 19, 2017No. 650187/16 3186PublishedCited by 72 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.P.

This appeal presents, among other issues, the recurring question of whether the facts alleged in the complaint give rise to claims for both breach of contract and fraud. We hold that the cause of action for fraud, to the extent it is based on allegations that the defendants gave false assurances that they would perform a contractual obligation, should have been dismissed on the ground that it is duplicative of the contract claim and is not supported by allegations of specific facts giving rise to an inference that defendants did not intend to honor their…

2Cases cited50 opinions

  1. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  2. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  3. Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George BeladinoCourt of Appeals for the Second Circuit · 1996
  4. Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
  5. Lanzi v. BrooksNew York Court of Appeals · 1977

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3Cited by72 opinions

  1. Bracken v. MH Pillars Inc.District Court, S.D. Illinois · 2017
  2. King Penguin Opportunity Fund III, LLC v. Spectrum Group Mgt. LLCAppellate Division of the Supreme Court of the State of New York · 2020
  3. Archstone Development LLC v. Renval Construction LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Goodale v. Central Suffolk Hosp.Appellate Division of the Supreme Court of the State of New York · 2022
  5. 3P-733, LLC v. DavisAppellate Division of the Supreme Court of the State of New York · 2020

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