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SOKOL v. ADDISON

293 A.D.2d 600 (2002)

742 N.Y.S.2d 311

DORIS SOKOL et al., Respondents, v. THOMAS ADDISON, Defendant, and JUNE PELZER, Appellant.

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

Decided April 15, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

A cause of action to recover damages for fraud does not lie where, as here, the only fraud claimed relates to an alleged breach of contract (see Shah v Micro Connections, 286 A.D.2d 433; WIT Holding Corp. v Klein, 282 A.D.2d 527; Weitz v Smith,

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