A contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party. However, A contractor may be said to have assumed a duty of care and, thus, be potentially liable in tort, to third persons when the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm.
Santibanez v. North Shore Land Alliance, Inc., NY Slip Op 04921 (2d Dep't September 1, 2021)
Tomorrow's issue: Executive Law § 298 and CPLR article 78.
