Can a tort cause of action be considered duplicative in the context of a breach of contract action?
"New York", United States of America
The following excerpt is from Buchanan Ingersoll & Rooney, P.C. v. Stieg, 2010 NY Slip Op 33978 (U) (N.Y. Sup. Ct. 2010):
Generally, a tort cause of action that is based the same underlying facts as a breach of contract cause of action will be dismissed as duplicative (Duane Reade v. SL Green Operating Partnership, L.P., 30 AD3d 189, 190 [1st Dept., 2006]).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion to dismiss a claim for breach of contract, breach of fiduciary duty and fraud a duplicative and duplicative cause of action? ("New York", United States of America)
Is a breach of contract or breach of fiduciary duty a cause of action? ("New York", United States of America)
If a cause of action is considered as a breach of fiduciary duty, would the same result be reached? ("New York", United States of America)
What is the test for a plaintiff's cause of action for breach of contract? ("New York", United States of America)
What causes of action are fraud, breach of fiduciary duty and tortious interference with contract? ("New York", United States of America)
What is the test for a contract where the contract states that the contract does not stipulate that a contingency may occur after the contract has been signed? (MultiRegion, United States of America)
What is the test for a cause of action for breach of contract? (MultiRegion, United States of America)
What are lawyer's and expert fees to the prevailing party in cases brought under a cause of action created by other causes of action? (MultiRegion, United States of America)
Can plaintiff prevail on both causes of action in negligence and breach of contract? ("New York", United States of America)
What are the alternative grounds for a motion to dismiss a claim for wrongful dismissal of an action for breach of contract? (MultiRegion, United States of America)
