A contractual obligation, standing alone, generally will not give rise to tort liability in favor of a third party. There are three exceptions to the general 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. Here, the plaintiff did not allege facts in the complaint or verified bill of particulars that would establish the possible applicability of any of the three exceptions. In moving for summary judgment, the defendant is not required to demonstrate that these exceptions do not apply. The defendant's motion is granted.
Farmer v. Gazebo Contr., Inc., NY Slip Op 03849 (2d Dep't July 19, 2023)
