Opinion
Argued September 16, 1999
October 25, 1999
In an action to recover damages for breach of warranty and fraud, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Beisner, J.).
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court correctly dismissed the plaintiffs' cause of action to recover damages for fraud since the facts alleged in support of that cause of action were duplicative of the facts alleged in support of the time-barred causes of action to recover damages for breach of warranty (see, Jim Longo, Inc. v. Rutigliano, 251 A.D.2d 547 ; Mastropieri v. Solmar Constr. Cor., 159 A.D.2d 698 ). A cause of action to recover damages for fraud will not lie when the only fraud alleged relates to a breach of contract (see, Jim Longo, Inc. v. Rutigliano, supra; Alamo Contract Bldrs. v. CTF Hotel Co., 242 A.D.2d 643 ; Weitz v. Smith, 231 A.D.2d 518 ; Mastropieri v. Solmar Constr. Co., supra).
O'BRIEN, J.P., SANTUCCI, THOMPSON, and SULLIVAN, JJ., concur.