Health People, Inc. v. Affinity Health Plan, Inc.
Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 13, 2012, which granted defendant’s motion to dismiss the complaint, unanimously modified, on the law, the motion denied as to the first and second causes of action of the complaint alleging breach of contract, and otherwise affirmed, without costs.
Plaintiff stated a cause of action for breach of a letter agree-
Dismissal of the third and fourth causes of action alleging promissory estoppel and unjust enrichment, respectively, was proper inasmuch as the claims were duplicative of the claim for breach of the grant agreement (see Susman v Commerzbank Capital Mkts. Corp., 95 AD3d 589, 590 [1st Dept 2012], lv denied 19 NY3d 810 [2012]; cf. Sabre Inti. Sec., Ltd. v Vulcan Capital Mgt., Inc., 95 AD3d 434, 438-439 [1st Dept 2012]). Concur— Mazzarelli, J.E, Andrias, DeGrasse, Freedman and ManzanetDaniels, JJ.
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