On April 16, 2024, the First Department issued a decision in Ho v. Star Contrs., Inc., 2024 NY Slip Op. 02014, holding that a fraud claim based on alleged misrepresentations regarding the performance of a contract should be dismissed as duplicative of a breach of contract claim, explaining:
Supreme Court properly dismissed the fraud cause of action as duplicative of the breach of contract cause of action, as it does not allege a breach of any duty independent of the parties’ construction. Rather, the fraud claim is based on allegations that defendants falsely misrepresented certain work to have been performed when it actually was not. Thus, any allegedly fraudulent misrepresentations were not collateral to the contract and did not induce the contract, but simply constituted alleged misstatements about the work contemplated under the contract.
(Internal citations omitted).