Practice point: A threshold question in tort cases is whether the alleged tortfeasor owed a duty of care to the injured party.
Students should note that a contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party.
Bono v. Halben's Tire City, Inc., NY Slip Op 04401 (2d Dept. 2011
Tomorrow's issue is orders to show cause.
