Generally, a contractual obligation, without more, does not give rise to tort liability in favor of a third party. There are three exceptions to the rule: (1) where the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties; and (3) where the contracting party has entirely displaced the other party's duty to maintain the premises safely. On a motion for summary judgment, a contracting defendant is only required to negate the applicability of an exception that is expressly pleaded by the plaintiff or expressly set forth in the plaintiff's bill of particulars.
Ramsey v. Temco Serv. Indus., Inc., NY Slip Op 00166 (2d Dep't January 8, 2020)
Here is the decision.
