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The Same Loss, a Different Theory: The Duplication Doctrine Applied in a Fraudulent Inducement and Malpractice Action
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.

Jeffrey Haber
Sep 306 min read


First Department Finds Fraud Claim Duplicative of Contract Claim Even Though Plaintiff Stated A Duty Independent of The Contract
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.

Jeffrey Haber
Apr 21, 20215 min read
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