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320 WEST 115 REALTY LLC v. ALL BUILDING CONSTRUCTION CORP.

Index No. 651613/18. Appeal No. 13840. Case No. 2020-02558.

194 A.D.3d 511 (2021)

2021 NY Slip Op 03107

320 West 115 Realty LLC, Appellant, v. All Building Construction Corp. et al., Respondents.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

The Law Office of Thomas M. Mullaney, New York ( Thomas M. Mullaney of counsel), for appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Jessica M. Erickson of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

In support of the fraudulent inducement claim, plaintiff's main allegations are that (1) defendants submitted an artificially low price, which they never intended to honor, in an effort to induce plaintiff to sign the contract, and (2) defendants did not intend to perform under the contract from the very start. However, a cause of action for breach of contract "cannot be converted into one for fraud by merely alleging that defendant...

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