Sisters of Divine Compassion v. Pace University

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered *905July 18, 1995, as denied its cross motion to dismiss the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied the branch of the defendant’s cross motion which was to dismiss the cause of action sounding in fraud, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without…