ZACHARIOU v. Charalambos V. Sioufas, et al., Defendants. (2008)

Order, Supreme Court, New York County (Richard B. Lowe III, J.), entered May 7, 2007, which, to the extent appealed from as limited by the briefs and by a stipulation of discontinuance, dismissed plaintiff's causes of action for fraud, negligent misrepresentation, and conspiracy, unanimously affirmed, with costs.

 The causes of action for fraud and negligent misrepresentation either fell under the 1999 Greek Agreement or the London Agreement, which both contain mandatory Greek forum selection clauses (see Micro Balanced Products Corp. v. Hlavin Indus., 238 A.D.2d 284, 285, 667 N.Y.S.2d 1 [1997] ), or were based upon conduct “innate to the performance of the contract” and thus encompassed in the breach of contract cause of action (McMahan & Co. v. Bass, 250 A.D.2d 460, 462-63, 673 N.Y.S.2d 19 [1998], lv. dismissed in part, denied in part 92 N.Y.2d 1013, 684 N.Y.S.2d 484, 707 N.E.2d 439 [1998] ).

 There is no independent cause of action for civil conspiracy (Bronx-Lebanon Hosp. Ctr. v. Wiznia, 284 A.D.2d 265, 266, 726 N.Y.S.2d 847 [2001], lv. dismissed 97 N.Y.2d 653, 737 N.Y.S.2d 53, 762 N.E.2d 931 [2001] ).

Based on plaintiff's claim that she has not completed the accounting and report required under the U.S. Agreement because of defendant's alleged defaults in providing books and records, pursuant to ¶ 10 of the U.S. Agreement, any award of compensatory damages must be determined by the arbitrator.