Legal Opinion
OP Solutions, Inc. v. Crowell & Moring, LLP
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2010PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered October 27, 2009, which, insofar as appealed from, in an action alleging breach of a licensing agreement, granted defendant’s motion to dismiss the third and fourth causes of action alleging fraud and negligent misrepresentation, unanimously affirmed, with costs.
It is well settled that “a simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated” (Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 NY2d 382, 389 [1987]; see also New York Univ. v…
2Cases cited4 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Fresh Direct v. Blue Martini Software, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Greenman-Pedersen, Inc. v. LevineAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by10 opinions
- MBIA Insurance v. Countrywide Home Loans, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Royal Park Investments SA/NV v. HSBC Bank USA, National Ass'nDistrict Court, S.D. New York · 2015
- Blackrock Core Bond Portfolio v. U.S. Bank National Ass'nDistrict Court, S.D. New York · 2016
- TJJK Props., LLC v. A.E.Y. Eng'g, D.P.C.Appellate Division of the Supreme Court of the State of New York · 2020
- New York City Waterfront Dev. Fund II, LLC v. Pier A Battery Park Assocs., LLCAppellate Division of the Supreme Court of the State of New York · 2022
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