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Current Developments in the Commercial Divisions of the
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Posted: April 7, 2017

Negligent Representation Claim Fails; No Special Relationship

On April 4, 2017, the First Department issued a decision in Co√∂perative Centrale Raiffeisen-Boerenleenbank B.A., “Rabobank Intl.,” N.Y. Branch v. Atradius Credit Ins. N.V., 2017 NY Slip Op. 02606, affirming the dismissal of a claim for negligent misrepresentation, fraudulent concealment, and breach of fiduciary duty because there was no special relationship between the parties, explaining:

The complaint fails to allege facts that would establish a special relationship in support of the causes of action for negligent misrepresentation, fraudulent concealment, and breach of fiduciary duty, separate from the parties’ arm’s-length contractual relationship under the insurance policy. Defendants’ publicly available marketing materials and links to its website do not create a special relationship. Neither do the marketing materials’ general assertions of defendants’ experience and expertise in the area of credit risk management give rise to a special relationship.

(Internal quotations and citations omitted).

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