OSSINING SCH. v. ANDERSON


73 N.Y.2d 417 (1989)

Ossining Union Free School District, Appellant, v. Anderson LaRocca Anderson et al., Defendants, and Thune Associates Consulting Engineers et al., Respondents.

Court of Appeals of the State of New York.

Decided May 4, 1989.


Attorney(s) appearing for the Case

Robert F. Van der Waag, Alan E. Congdon, Morris Zweibel and Carla C. Leone for appellant.

Leon D. Lazer, James E. Frankel, Kenneth H. Lazaruk and Charles R. Pierce, Jr., for Thune Associates Consulting Engineers, respondent.

Frank L. Amoroso, David P. Franks and Rhonda S. Kahan for Geiger Associates, P. C., respondent.

Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.


KAYE, J.

At issue is a question that has long been a subject of litigation: in negligent misrepresentation cases, which produce only economic injury, is privity of contract required in order for plaintiff to state a cause of action? Whether defendants are accountants (as in several recent cases) or not (as here), our answer continues to be that such a cause of action requires that the underlying relationship...

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