On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Cornice LLC v. 2LS Consul Ting Eng’g, D.P.C., 2019 NY Slip Op. 31964(U), holding that a negligence claim cannot be based on an alleged failure adequately to perform contractual duties, explaining: However, the second cause of action grounded... Read more »
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Posts Categorized: Negligence
Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Steadfast Ins. Co. v Allan Briteway Elec. Contr., Inc., 2019 NY Slip Op. 31363(U), holding that a plaintiff had adequately alleged a negligent misrepresentation claim, explaining: Here, ABE states classic negligent misrepresentation in a project to construct a building.... Read more »
Judge Korman Holds that the “Foreign Country” and “Intentional Torts” Exceptions to the FTCA Barred Claims by Estate of Panamanian Woman Murdered by U.S. Servicemember
Posted by Solomon N. Klein, Litigation Partner District Judge Edward R. Korman dismissed an action against the U.S. by the estate and family of a Panamanian woman murdered by a U.S. servicemember in Panama. Rogelio Rodriguez, et al. v. Omar Velez-Pagan, et al. , 17-cv-3911 (E.D.N.Y. Oct. 26, 2018) (ERK) (SJB). The civil case arose... Read more »
Negligent Supervision Claim Dismissed For Lack of Allegations of Prior Knowledge
On August 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Moore Charitable Found. v. PJT Partners, Inc., 2018 NY Slip Op. 31980(U), dismissing a claim for negligent supervision for lack of allegations of prior knowledge, explaining: Defendants argue that the negligent supervision claim fails because plaintiffs have not... Read more »
Judge Ross Dismisses Personal Injury Claim against Airline as time-barred under Montreal Convention
Posted by Solomon N. Klein, Litigation Partner District Judge Allyne R. Ross recently dismissed a personal injury case against Pakistan International Airlines, holding that the time limitations under the Montreal Convention is not subject to tolling under New York law – even if New York law might otherwise apply to calculating the time period. Mughal... Read more »
Commercial Negligence Claims Dismissed Because Defendant Had No Duty to Plaintiff
On February 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Lantau Holdings Ltd. v. General Pacific Group Ltd., 2018 NY Slip Op. 30291(U), dismissing a negligence claim relating to a commercial transaction, explaining: A claim for gross negligence requires plaintiff to demonstrate, inter alia, the existence of a... Read more »
Judge Chen Dismisses Slip and Fall Case after Applying Federal Summary Judgment Standard
District Judge Pamela K. Chen recently granted summary judgment in a slip and fall diversity case that highlights the difference between the summary judgment standards under federal and New York state law. Taylor v. Manheim Marketing Inc., 15-CV-01950 (E.D.N.Y. Nov. 30, 2017). This case offers a reminder to counsel that the federal summary judgment standard... Read more »
Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony
On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Planner, PLLC, 2017 NY Slip Op. 06177, setting aside a jury verdict of professional malpractice against an architect because of the plaintiff’s failure to present adequate expert testimony on accepted architectural standards of practice, explaining: Where, as here,... Read more »
Negligent Representation Claim Fails; No Special Relationship
On April 4, 2017, the First Department issued a decision in Coöperative 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:... Read more »
First Department Reinstates Contract Claims for Gross Negligence Against RMBS Securitizer
On August 11, 2016, the First Department issued a decision in Morgan Stanley Mortgage Loan Trust 2006-13ARX v. Morgan Stanley Mortgage Capital Holdings LLC, 2016 NY Slip Op. 05781, reinstating a claim for gross negligence against an RMBS securitizer, explaining: In support of its claim for gross negligence, the complaint alleges that Morgan Stanley acted... Read more »