Fraud Claim Dismissed As Duplicative of Breach of Contract Claim
In Coppola v. Applied Electric Corp., 288 AD2d 41, 42, 732 N.Y.S.2d 402 [1 Dept 2001], the plaintiff's fraud claim was "based on the allegation that the defendant harbored the undisclosed intention from the outset to never comply with the parties' stock purchase agreement."
The First Department noted that "the claimed fraud was not collateral or extraneous to the contract, did not allege any damages, including those for foregone opportunities, that would not be recoverable under a contract measure of damages and failed to plead a breach of duty separate from a breach of the contract" (id. at 42).
The Court went on to hold that the plaintiff's fraud claim was properly dismissed as merely duplicative of his breach of contract claim.