SYKES v. RFD THIRD AVE. 1 ASSOC., LLC

5092.

2009 NY Slip Op 06387

JAMES SYKES, ET AL., Plaintiffs-Respondents, v. RFD THIRD AVENUE 1 ASSOCIATES, LLC, ET AL., Defendants, COSENTINI ASSOCIATES, LLP, Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 8, 2009.


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, New York (Richard E. Lerner of counsel), for appellant.

Adam Leitman Bailey, P.C., New York (John M. Desiderio and Jessica D. Scherer of counsel), for respondents.

Before: Tom, J.P., Andrias, Catterson, Moskowitz, Renwick JJ.


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...

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