Queens Group, Inc. v. Martin Packaging Corp.

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered June 10, 1997, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

The IAS Court correctly held that plaintiff has no cause of action (see, Leon v Martinez, 84 NY2d 83, 87-88). The second cause of action for fraud against the individual defendants is not viable since it relates solely to the purported breach of contract (see, Stuart Lipsky, P. C. v Price, 215 AD2d 102). The third cause of action, which is based solely upon a purported oral…