Bristol-Myers Squibb Industrial Division v. Delta Star, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Green, J.
This appeal requires us to revisit the borderland between tort and contract, an area we recently examined in Syracuse Cablesystems v Niagara Mohawk Power Corp. (173 AD2d 138). In Syracuse Cablesystems, we held that recovery was available in tort for lost profits and property damage resulting from the explosion of an electrical transformer. The alleged failure of an electrical transformer in this case, however, resulted in economic loss and is recoverable only in contract. Thus, this case and Syracuse Cablesystems fall on opposite sides of the line separating tort…
2Cases cited20 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
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- Travelers Casualty & Surety Co. v. Dormitory Authority-State of New YorkDistrict Court, S.D. New York · 2010
- Anderson v. Nottingham Village Homeowner's Ass'nAppellate Division of the Supreme Court of the State of New York · 2007
- Ambac Assurance Corp. v. U.S. Bank Nat'l Ass'nDistrict Court, S.D. Illinois · 2018
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