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Edwil Industries, Inc. v. Stroba Instruments

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1987
131 A.D.2d 425 (N.Y. App. Div. 1987)

Summary

dismissing plaintiff's tort claim because a contract obligated the defendant to render accurate statements of sales, which was the "gravamen" of the tort claim

Summary of this case from PPI ENTERPRISES (U.S.), INC. v. DEL MONTE FOODS

Opinion

June 1, 1987

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered that the order is affirmed, with costs.

It is well settled that no cause of action to recover damages for fraud arises when the only fraud charged relates to a breach of contract (see, Spellman v Columbia Manicure Mfg. Co., 111 A.D.2d 320; Gould v Community Health Plan, 99 A.D.2d 479). The gravamen of the seventh cause of action is that the defendants, pursuant to a contract, were obligated to render accurate statements of sales, and breached the contract by making false statements of sales. Since the cause of action at issue here does not allege the breach of a duty extraneous to, or distinct from the contract between the parties, Special Term properly dismissed that cause of action (see, North Shore Bottling Co. v Schmidt Sons, 22 N.Y.2d 171; Channel Master Corp. v Aluminium Ltd. Sales, 4 N.Y.2d 403). Mangano, J.P., Thompson, Kunzeman and Sullivan, JJ., concur.


Summaries of

Edwil Industries, Inc. v. Stroba Instruments

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1987
131 A.D.2d 425 (N.Y. App. Div. 1987)

dismissing plaintiff's tort claim because a contract obligated the defendant to render accurate statements of sales, which was the "gravamen" of the tort claim

Summary of this case from PPI ENTERPRISES (U.S.), INC. v. DEL MONTE FOODS
Case details for

Edwil Industries, Inc. v. Stroba Instruments

Case Details

Full title:EDWIL INDUSTRIES, INC., Appellant, v. STROBA INSTRUMENTS CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1987

Citations

131 A.D.2d 425 (N.Y. App. Div. 1987)

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