· 4/25/1985
In re the Arbitration between Pierce
Citations
- 110 A.D.2d 1023
- 488 N.Y.S.2d 311
- 1985 N.Y. App. Div. LEXIS 48902
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that party’s contribution claim “should have been dismissed” “in the absence of tort liability” where the plaintiff’s underlying claim sought “the identical contractual benefit of the bargain”
- plaintiff cannot maintain a cause of action in tort for conduct that is governed by a contractual relationship when “the identical contractual benefit of the bargain recovery is sought”
- “the motion court correctly held that Rockefeller’s misrepresentation and fraudulent misrepresentation claims against Tishman are duplicative of its breach of contract cause of action since the identical contractual benefit of the bargain recovery is sought”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mikoll
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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