Practice point: The Appellate Division dismissed the claim where defendants demonstrated, prima facie, that there was no fiduciary or special relationship with the plaintiffs in this arm's length transaction.
Student note: A cause of action alleging negligent misrepresentation requires the
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.
Case: CSI Group, LLP v. Harper, NY Slip Op 06521 (2d Dep't September 20, 2017)
Here is the decision.
