Legal Opinion

Ossining Union Free School District v. Anderson

New York Court of Appeals

Decided May 4, 1989PublishedCited by 215 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

At issue is a question that has long been a subject of litigation: in negligent misrepresentation cases, which produce only economic injury, is privity of contract required in order for plaintiff to state a cause of action? Whether defendants are accountants (as in several recent cases) or not (as here), our answer continues to be that such a cause of action requires that the underlying relationship between the parties be one of contract or the bond between them so close as to be the functional equivalent of contractual privity. Such a bond having been alleged in…

2Cases cited10 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  3. Glanzer v. . ShepardNew York Court of Appeals · 1922
  4. White v. GuarenteNew York Court of Appeals · 1977
  5. Thomas v. . WinchesterNew York Court of Appeals · 1852

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3Cited by215 opinions

  1. Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLCCourt of Appeals for the Second Circuit · 2012
  2. In Re Time Warner Inc. Securities LitigationCourt of Appeals for the Second Circuit · 1993
  3. Kimmell v. SchaeferNew York Court of Appeals · 1996
  4. Anschutz Corp. v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2012
  5. Murphy v. KuhnNew York Court of Appeals · 1997

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