Coyer v. Hyster Co.

In order for plaintiffs to succeed in this negligence action, it *921must be first demonstrated that defendants owed them a legal duty (D’Amico v Christie, 71 NY2d 76, 87; Eiseman v State of New York, 70 NY2d 175, 187; Turcotte v Fell, 68 NY2d 432, 437). "In the absence of duty, there is no breach and without a breach there is no liability” (Pulka v Edelman, 40 NY2d 781, 782, rearg denied 41 NY2d 901). It is the responsibility of the courts in fixing the orbit of duty " ’to limit the legal consequences of wrongs to a controllable degree’ ” (Strauss v Belle Realty Co., 65 NY2d 399, 402, quoting…