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STARR v. FUOCO GROUP LLP

582, 151755/14.

137 A.D.3d 634 (2016)

26 N.Y.S.3d 853

2016 NY Slip Op 02143

MARC STARR, Appellant, v. FUOCO GROUP LLP et al., Defendants, and EUREKA CAPITAL MARKETS, LLC, et al., Respondents.

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

Decided March 24, 2016.

While "[p]rofessionals ... may be subject to tort liability for failure to exercise reasonable care, irrespective of their contractual duties" (see Sommer v Federal Signal Corp., 79 N.Y.2d 540, 551 [1992]), a financial advisor such as Eureka is not a "professional" (see Leather v United States Trust Co. of N.Y., 279 A.D.2d 311, 311-312 [1st Dept 2001]). Thus, any duty owed by the Eureka...

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