In Franco v. Berger, 2026 N.Y. Slip Op. 05472 (1st Dept. Sept. 29, 2026), the plaintiff sought to recover for the death of Coco, a 3.8-pound Yorkshire Terrier who allegedly underwent a dental procedure only after defendants made specific representations concerning who would perform the surgery, who would administer anesthesia, and the safety precautions that would be employed.

Under New York law, fraud claims are not duplicative of breach of contract claims when they are based on misrepresentations of present fact collateral to the contract, even if they seek the same damages. Applying that rule, the Appellate Division, First Department held in Metropolitan Partners Group Admin., LLC v. Nerney, 2026 N.Y. Slip Op. 02340 (1st Dept. Apr. 16, 2026), that plaintiff adequately pleaded both fraud and breach of contract claims ...

In Skyview Capital, LLC v. Conduent Business Servs., LLC, 2025 N.Y. Slip Op. 03291 (1st Dept. June 03, 2025), the Appellate Division, First Department addressed various issues concerning fraud causes of action with which readers of this Blog are familiar: the duplication doctrine, justifiable reliance and disclaimer clauses

A “recurring question” New York courts grapple with is whether the facts alleged in a complaint give rise to claims for both breach of contract and fraudulent inducement.