A contractual obligation, standing alone, will not give rise to tort liability in favor of a third party. However, a party that enters into a contract to render services assumes a duty of care and may be liable in tort to third persons, where (1) the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm, (2) the plaintiff detrimentally relies on the continued performance of the contracting party's duties, or (3) the contracting party has entirely displaced the other party's duty to maintain the premises safely.
Bell v. Bollenbach & House, Inc., NY Slip Op 04453 (2d Dep't July 30, 2025)
