City of Watertown v. Stebbins Engineering & Manufacturing Co.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improperly denied defendants’ motions to dismiss plaintiff’s second cause of action alleging negligent performance of contractual services. A breach of contract does not give rise to a tort unless facts supporting the breach of a legal duty independent of the contract are alleged (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co., 70 NY2d 382, 389; see also, County of Chautauqua v Pacos Constr. Co., 195 AD2d 1021). Plaintiff has not alleged such facts.

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