Plaintiff alleges that (1) defendants, in order to induce plaintiff to sign the contract, submitted an artificially low price which they never intended to honor, and (2) defendants, from the start, did not intend to perform under the contract. However, a cause of action for breach of contract cannot be converted into one for fraud by merely alleging that defendant did not intend to fulfill the contract. Instead, an actionable claim for fraudulent inducement must allege the representation of present fact, not of future intent. As plaintiff makes no such allegations here, the claim is dismissed.
320 W. 115 Realty LLC v. All Bldg. Constr. Corp., NY Slip Op 03107 (1st Dep't May 13, 2021)
