Starr v. Fuoco Group LLP

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 27, 2014, which granted defendants Eureka Capital Markets, LLC (Eureka), Mark Hyman, and Lana Simkina’s (collectively, the Eureka defendants) motion to dismiss the third and fourth causes of action (negligence and gross negligence) pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.

While “ [professionals . . . may be subject to tort liability for failure to exercise reasonable care, irrespective of their contractual duties” (see Sommer v Federal Signal Corp., 79 NY2d 540, 551 [1992]), a…