Practice point: An insincere promise to perform a contractual obligation is not actionable as fraud.
Student note: Absent this rule, contract claims would be routinely pleaded in the alternative as fraud, eroding the distinction between the two causes of action.
Case: Cronos Group Ltd. v. XComIP, LLC, NY Slip Op 06515 (1st Dep't September 19, 2017)
Here is the decision.
