Is a motion to dismiss a claim for breach of contract, breach of fiduciary duty and fraud a duplicative and duplicative cause of action?
The following excerpt is from Clifford v. McElroy, 2007 NY Slip Op 33285(U) (N.Y. Sup. Ct. 9/27/2007), 2007 NY Slip Op 33285 (N.Y. Sup. Ct. 2007):
It is well settled that causes of action for breach of contract, breach of fiduciary duty and fraud cannot be maintained when they arise from the same set of facts and circumstances as that for legal malpractice claim and do not alleged distinct damages (Mecca v. Shang, 258 Ad2d 569, 685 NYS2d 458 [1999]). Therefore, since plaintiffs' second, third and fourth causes of action are duplicative of their claim for legal malpractice, the court is compelled to grant that part of defendants' motion which seeks an order dismissing those claims.
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