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QUEENS GROUP, INC. v. MARTIN PACKAGING CORP.

245 A.D.2d 183 (1997)

666 N.Y.S.2d 593

Queens Group, Inc., Appellant, v. Martin Packaging Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1997

The IAS Court correctly held that plaintiff has no cause of action (see, Leon v Martinez, 84 N.Y.2d 83, 87-88). The second cause of action for fraud against the individual defendants is not viable since it relates solely to the purported breach of contract (see, Stuart Lipsky, P. C. v Price, 215 A.D.2d 102). The third cause of action, which is based solely upon a purported...

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