Practice point: Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party.
Practitioners should note that, with a services contract, there may be liability to a third party where (1) the contracting party negligently launches an instrument of harm; (2) there is detrimental reliance on continued performance; or (3) the contracting party has entirely assumed the duty to safely maintain the premises.
Case: Kotara v. City of New York, NY Slip Op 09622 (2d Dept. 2009)
The opinion is here.
Tuesday’s issue: Motion practice.
