Salvati v. Professional Security Bureau, Ltd.

In an action to recover damages for personal injuries, the defendant appeals from an interlocutory judgment of the Supreme Court, Westchester County (Coppola, J.H.O.), dated December 5, 2005, which, upon a jury verdict finding it to be 85% at fault in the happening of the accident, is in favor of the plaintiff and against it on the issue of liability.

Ordered that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.

Although a contractual obligation alone generally does not create a duty of care toward a third party (see Church v Callanan Indus., 99…