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FORTY EXCH. CO. v. COHEN

125 Misc.2d 475 (1984)

Forty Exchange Company, Plaintiff, v. Sherman Cohen et al., Individually and Doing Business as Three Park Avenue Company, Defendants.

Civil Court of the City of New York, Trial Term, New York County.

July 18, 1984

Attorney(s) appearing for the Case

Wohl Loewe Stettner & Fabricant (Leonard Holland and David L. Deitz of counsel), for plaintiff. Schwartz, Klink & Schreiber, P. C. (Allen G. Schwartz, Charles J. Moxley, Jr., and Michael Burros of counsel), for defendants.

DAVID B. SAXE, J.

A. INTRODUCTION

I have been invited by the plaintiff to journey to, and even beyond, the present boundaries of New York tort law.1 For the reasons set out in this decision, I cannot accept that invitation.

B. THE FACTS

The essential facts are as follows: The plaintiff, the Forty Exchange Company, a partnership (40 Exchange), was the...

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