HUDSON v. GREENWICH I ASSOCIATES

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 party did not intend to meet his contractual obligation" ( Comtomark, Inc. v. Satellite Communications Network, 116 A.D.2d 499, 500; Rocanova v. Equitable Life Assur. Socy., 83 N.Y.2d 603, 614; see, Briefstein v. Rotondo Constr. Co., 8 A.D.2d 349). Plaintiff's affidavit in opposition to the motion, alleging that defendant did not intend to perform in accordance with a set of building plans that was incorporated by reference in the contract, did not convert plaintiff's breach of contract claim into one for fraud.

Concur — Rosenberger, J.P., Wallach, Kupferman, Nardelli and Williams, JJ.