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.