Goldner v. Kemper Insurance

— Order, insofar as appealed from, unanimously reversed, on the law, without costs, and motion granted. Memorandum: The motion of defendants John F. Connell Consultants, Ltd. and Peter Rincones pursuant to CPLR 3212 for summary judgment dismissing the complaint against them should have been granted in its entirety. The two remaining counts as to which Special Term denied the motion allege that these defendants negligently investigated plaintiffs’ fire loss. Liability for negligent conduct may be imposed only if it can be established that the defendants owe a duty to the plaintiffs (see, Pulka…