On January 31, 2024, the Second Department issued a decision in Meserole Hub, LLC v. Rosenzweig, 2024 NY Slip Op. 00417, dismissing a professional malpractice claim as duplicative of a breach of contract claim, explaining:
The defendants established their prima facie entitlement to judgment as a matter of law dismissing the second cause of action, alleging professional malpractice/negligence, as duplicative of the cause of action alleging breach of contract. The allegations in the second cause of action were essentially identical to those in the breach of contract cause of action and did not allege a distinct injury or distinct damages. In opposition, the plaintiff failed to raise a triable issue of fact.
(Internal citations omitted).