Practice point: The Appellate Division affirmed the granting of defendant's CPLR 4401 motion for judgment as a matter of law made at the close
of plaintiff's case, as, upon the evidence presented, there was no
rational process by which the trier of fact could make a finding in
favor of plaintiff. A
cause of action alleging negligent misrepresentation requires a
plaintiff to demonstrate (1) the existence of a special or privity-like
relationship imposing a duty on the defendant to impart correct
information to the plaintiff; (2) that the information was incorrect;
and (3) reasonable reliance on the information. Here, plaintiff failed to establish the second two elements of her cause of
action.
Student note: The Appellate Division rejected plaintiff's contention that she was deprived of the effective assistance of counsel at trial. In the context of civil litigation, a claim of ineffective assistance of counsel will not be entertained absent extraordinary circumstances, and, here, plaintiff failed to establish the existence of any extraordinary circumstances to warrant entertaining such a claim.
Case: Nugent v. Diocese of Rockville Ctr., NY Slip Op 01473 (2d Dep't 2016)
Here is the decision.
Tomorrow's issue: Civil liability resulting from the operation of an emergency vehicle.
