In Sterling Natl. Bank v. Park Ave. Bank [Sup Ct, NY County 2006] the parties entered into a loan purchase agreement, pursuant to which plaintiff purchased a certain portfolio of loans from defendants. Plaintiff subsequently commenced an action alleging that certain representations and warranties that defendant made in the agreement were fraudulent, resulting in the default by underlying lenders, and ultimately, damage to plaintiff. The court dismissed plaintiff's fraud claim, holding, among other things, that "the cause of action is a claim for breach of the representations and warranties in the Agreement which [plaintiff] has attempted to transform into fraud claims"