Mateo v. Senterfitt

*516The cause of action for negligent misrepresentation is insufficiently stated because plaintiffs, who assert their claims on their own behalf and as assignees of third-party defendant Peter Skyllas, do not allege that either they or Skyllas were in contractual privity with defendant (see J.A.O. Acquisition Corp. v Stavitsky, 8 NY3d 144, 148 [2007]). Nor do their allegations that defendant communicated directly with Skyllas in e-mails, representing that it was undertaking due diligence to verify that defendant/third-party plaintiff Henry Vargas owned a majority interest in 2141 MD Jr., LLC and…