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IS CHRYSTIE MANAGEMENT LLC v. ADP, LLC

Index No. 655374/18. Appeal No. 15871. Case No. 2021-04555.

205 A.D.3d 418 (2022)

168 N.Y.S.3d 449

2022 NY Slip Op 02950

IS Chrystie Management LLC, Respondent-Appellant, et al., Plaintiff, v. ADP, LLC, Appellant-Respondent.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Kelley Drye & Warren LLP, New York (William S. Gyves of counsel), for appellant-respondent.

Morrison Cohen LLP, New York (Y. David Scharf of counsel), for respondent-appellant.

Concur—Manzanet-Daniels, J.P., Moulton, Mendez, Higgitt, JJ.

The fraud claim is not duplicative of the contract claim (see e.g. BML Props. Ltd. v China Constr. Am. Inc., 174 A.D.3d 419 [1st Dept 2019]). Unlike Cronos Group Ltd. v XComIP, LLC (156 A.D.3d 54 [1st Dept 2017]), this is not a case where "the only fraud alleged" was the defendant's "unkept promise to perform certain of its preexisting obligations under the parties' contract" (id. at 64). Rather, plaintiff alleges,...

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