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INTERNATIONAL PLAZA ASSOC., L.P. v. LACHER

63 A.D.3d 527 (2009)

881 N.Y.S.2d 78

INTERNATIONAL PLAZA ASSOCIATES, L.P., Respondent, v. MICHAEL A. LACHER et al., Appellants and Third-Party Plaintiffs-Appellants. DAVID NEVINS et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2009.

The motion court properly determined that defendants' second counterclaim failed to allege fraud extraneous and collateral to the contract. The second counterclaim simply alleges that plaintiff failed to fulfill its contractual obligations to provide cleaning services and make certain improvements, and as such is merely a restatement of defendants' third and fourth counterclaims for breach of contract (see Briefstein v Rotondo Constr. Co., 8 A.D.2d...

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