Legal Opinion
Bencivenga & Co. v. Phyfe
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 1994PublishedCited by 10 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Herman Cahn, J.), entered June 21, 1993, which, to the extent appealed from, denied plaintiffs motion to amend its complaint, unanimously affirmed, with costs.
Plaintiff’s proposed causes of action based on fraud were palpably insufficient, and thus leave to amend was properly denied. A cause of action based upon breach of contract cannot be converted into one for fraud merely by alleging that defendants did not intend to fulfill the contract (Glenn Partition v Trustees of Columbia Univ., 169 AD2d 488). Plaintiff’s claims of alleged fraudulent inducement…
2Cases cited2 opinions
- Gordon v. Dino De Laurentiis Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Glenn Partition, Inc. v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by10 opinions
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Tishman Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Davis & Davis, P. C. v. MorsonAppellate Division of the Supreme Court of the State of New York · 2001
- Ancrum v. St. Barnabas HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Board of Managers of the Alexandria Condominium v. Broadway/72nd AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
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