BRONX STORE EQUIPMENT CO., INC. v. WESTBURY BROOKLYN ASSOCIATES, L.P.


280 A.D.2d 352 (2001)

721 N.Y.S.2d 28

BRONX STORE EQUIPMENT CO., INC., Doing Business as BRONX BUILDERS, Appellant-Respondent, v. WESTBURY BROOKLYN ASSOCIATES, L.P., et al., Respondents-Appellants, and SHELDON FIREMAN et al., Respondents.

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

Decided February 13, 2001.


The motion court correctly dismissed all causes of action to the extent they purported to assert fraud claims against any defendants on the ground that such purported fraud claims simply duplicated plaintiff's contract claims; a contract action may not be converted into one for fraud by the mere additional allegation that the contracting party did not intend to meet its contractual obligation (DePinto v Ashley Scott, Inc., 222 A.D.2d 288

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