KIMMELL v. SCHAEFER


89 N.Y.2d 257 (1996)

675 N.E.2d 450

652 N.Y.S.2d 715

Lee H. Kimmell et al., Respondents, v. Herman A. Schaefer, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 26, 1996.


Attorney(s) appearing for the Case

Lynch Rowin Novack Burnbaum & Crystal, P. C., New York City (Thomas P. Lynch and Mark I. Silberblatt of counsel), for appellant.

Riker, Danzig, Scherer, Hyland & Perretti (Alan E. Kraus, of the New Jersey Bar, admitted pro hac vice, of counsel), and Davis, Scott, Weber & Edwards, P. C., New York City, for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

The primary issue on this appeal is whether the relationship between the parties was sufficient to render defendant liable to plaintiffs for the tort of negligent misrepresentation. We affirm the order of the Appellate Division because the record supports the finding that a special relationship existed between the parties which under the circumstances here required defendant to speak with care.

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