Cavalry Investments, LLC v. Household Automotive Finance Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract and fraud, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (LaCava, J.), entered May 2, 2003, as granted the defendants’ motion to dismiss the second cause of action to recover damages for fraud.
Ordered that the order is affirmed insofar as appealed from, with costs.
*318A 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 Sokol v Addison, 293 AD2d 600 [2002]; Shah v Micro Connections,…
2Cases cited2 opinions
- Sokol v. AddisonAppellate Division of the Supreme Court of the State of New York · 2002
- Shah v. Micro Connections, Inc.Appellate Division of the Supreme Court of the State of New York · 2001