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THOMAS R. VAN NEIL, Respondent, v. JOSEPH H. BERGER et al., Appellants.

Order insofar as appealed from unanimously reversed on the law without costs, motion granted in part and third cause of action dismissed. Memorandum: A cause of action for fraud or misrepresentation must state in detail the circumstances constituting the wrong (CPLR 3016 [b]). A cause of action for fraud is not stated where the only fraud alleged relates to a breach of contract (Sparka Travel v Hamza, 182 A.D.2d 1067, 1067-1068). Because plaintiff's third cause of action neither alleges a breach of a duty distinct from the contractual duty between the parties, nor states specific claims of fraud or misrepresentation, Supreme Court should have dismissed it (see, Edwil Indus. v Stroba Instruments Corp., 131 A.D.2d 425).

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VAN NEIL v. BERGER
(Sep 29, 1995)