Sykes v. RFD Third Avenue 1 Associates, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Moskowitz, J.
The only issue on this appeal is whether plaintiffs have stated a claim for negligent misrepresentation. We hold they have not, because they have failed to allege a relationship between themselves and this defendant, the mechanical engineer for the building where plaintiffs purchased an apartment, that is close enough to approach privity. In particular, plaintiffs have failed to allege that they were known to defendant at the time of the alleged misrepresentation and have failed to allege some conduct on the part of defendant linking it to plaintiffs.…
2Cases cited12 opinions
- Ossining Union Free School District v. AndersonNew York Court of Appeals · 1989
- Prudential Insurance v. Dewey, Ballantine, Bushby, Palmer & WoodNew York Court of Appeals · 1992
- Houbigant, Inc. v. Deloitte & Touche, LLPAppellate Division of the Supreme Court of the State of New York · 2003
- Lasalle National Bank v. Ernst & Young L. L. P.Appellate Division of the Supreme Court of the State of New York · 2001
- Parrott v. Coopers & Lybrand, L. L. P.New York Court of Appeals · 2000
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sykes v. RFD Third Avenue 1 Associates, LLCNew York Court of Appeals · 2010
- Travelers Casualty & Surety Co. v. Dormitory Authority-State of New YorkDistrict Court, S.D. New York · 2010
- North Star Contracting Corp. v. MTA Capital Construction Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Rides Unlimited of N.Y., Inc. v. Engineered Energy Solutions, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Cerrato v. Dee Corp.Appellate Division of the Supreme Court of the State of New York · 2017
4 more not listed; retrieve them via the Exa API.