Opinion
March 9, 1998
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly dismissed the cause of action sounding in fraud, since the allegations of fraud clearly relate to the alleged breach of contract ( Alamo Contract Bldrs. v. CTF Hotel Co., 242 A.D.2d 643; Weisberger v. Goldstein, 242 A.D.2d 622; Hadari v. Leshchinsky, 242 A.D.2d 557). Further, contrary to the plaintiff's assertion, the court did not dismiss his cause of action sounding in negligence. However, the Supreme Court properly dismissed the claim for punitive damages ( see, Zabas v. Kard, 194 A.D.2d 784). Finally, the Supreme Court correctly denied that branch of the plaintiff's motion which was for summary judgment on the cause of action alleging breach of contract, as there is a question of fact as to whether the defendant materially breached the contract ( see, CPLR 3212 [b]; Productive Recycling v. Town of Smithtown, 222 A.D.2d 663).
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.