Riverbank Realty Co. v. Koffman

The moving defendants are not parties to the exclusive *543brokerage agreement between plaintiff and defendant P.A. Realty Corporation, and thus plaintiff’s causes of action against them for breach of contract and quantum meruit were properly dismissed. The fraud claims were also properly dismissed, it being well settled that where the alleged fraud relates to a cause of action for breach of contract, the fraud cannot be the basis for a separate cause of action (Giannisis v Maniatis, 160 AD2d 629, lv dismissed 76 NY2d 888). However, it was error to sustain the seventh cause of action for…