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MARLOWE v. FERRARI OF LONG ISLAND, INC.

61 A.D.3d 645 (2009)

876 N.Y.S.2d 165

IRA MARLOWE, Appellant, v. FERRARI OF LONG ISLAND, INC., Respondent, et al., Defendant.

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

Decided April 7, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the motion of the defendant Ferrari of Long Island, Inc. (hereinafter the defendant), which was to dismiss the plaintiff's cause of action to recover damages for fraud insofar as asserted against it. "A cause of action to recover damages for fraud does not lie when the only fraud charged relates to a breach of contract" (

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