Hudson v. Greenwich I Associates

Order, Supreme Court, New York County (Joan Lobis, J.), entered June 1, 1994, which granted defendant’s motion to dismiss plaintiffs third cause of action for fraud, unanimously affirmed, without costs.

Plaintiff alleged in his cause of action for fraud that defendant never intended to carry out its promises contained in a contract for renovation of the building in which plaintiff resides. The IAS Court correctly granted defendant’s motion to dismiss that cause of action since "[a] contract action may not be converted into one for fraud by the mere additional allegation that the contracting…