Opinion
November 21, 1995
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
There was no agreement pursuant to which defendant would be obligated to pay plaintiff a commission for assisting it in relocating its headquarters. Plaintiff had merely introduced defendant to the subject building in 1989 in an attempt to negotiate a lease, but the deal did not materialize. Plaintiff took no part in the ultimate negotiations or procurement of the sale of the property in 1991-1992. Therefore, the IAS Court properly dismissed the cause of action for breach of contract ( see, Gabrielli v Cornazzani, 135 A.D.2d 340).
The court also properly dismissed the fraud cause of action as there was neither a contractual nor fiduciary relationship between the parties. Defendant had no duty to inform plaintiff of its subsequent decision to purchase the building ( see, Yerushalmi v Monroe, 185 A.D.2d 841, 842). Plaintiff's naked allegations of defendant's "bad faith" lack any evidentiary support and are insufficient to raise a triable issue of fact.
Denial of defendant's request for costs and attorneys' fees pursuant to 22 NYCRR 130-1.1 (c) (1) and (2) was not an improvident exercise of discretion.
Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.