A defendant's contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party. There are exceptions to the general rule. A contracting party can assume a duty of care toward a third party 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.
Carrero-Santiago v. Asphalt Green, Inc., NY Slip Op 05144 (1st Dep't August 27, 2026)
