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MARSHA RAND, APPELLANT, v. JOSEPH R. LAICO, RESPONDENT, ET AL., DEFENDANT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The complaint fails to state a cause of action to recover damages for fraud. A cause of action sounding in fraud may not be based on "statements which were promissory in nature at the time they were made and which related to future actions or conduct" (Rapanakis v. Athanasiou, 250 A.D.2d 583, 584; see, Brown v. Lockwood, 76 A.D.2d 721, 731; cf., Channel Master Corp. v. Aluminum Ltd. Sales, 4 N.Y.2d 403).

The plaintiff's only cognizable cause of action against the respondent is based on his alleged breach of a guaranty agreement, and is time-barred.

The plaintiff's remaining contention is without merit.

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RAND v. LAICO
(Apr 2, 2001)