BENCIVENGA COMPANY, CPAS v. PHYFE

Plaintiff's proposed causes of action based on fraud were palpably insufficient, and thus leave to amend was properly denied. A cause of action based upon breach of contract cannot be converted into one for fraud merely by alleging that defendants did not intend to fulfill the contract (Glenn Partition v Trustees of Columbia Univ., 169 A.D.2d 488). Plaintiff's claims of alleged fraudulent inducement are based on future intent, and are thus also deficient (see, Gordon v De Laurentiis Corp., 141 A.D.2d 435, 436).

Concur — Ellerin, J.P., Wallach, Ross and Williams, JJ.