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PRUDENTIAL INS CO v. DEWEY

80 N.Y.2d 377 (1992)

Prudential Insurance Company of America, Appellant, v. Dewey, Ballantine, Bushby, Palmer & Wood et al., Defendants, and Gilmartin, Poster & Shafto, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Howrey & Simon (William E. Wallace, III, Thomas A. Isaacson and Gary L. Ivens of counsel), of the District of Columbia Bar, admitted pro hac vice, and Hertzog, Calamari & Gleason, New York City (Peter S. Calamari of counsel), for appellant.

Bower & Gardner, New York City (Nancy Ledy-Gurren and Deborah Bass of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

TITONE, J.

Pursuant to its client's instructions, defendant law firm furnished to plaintiff third party an opinion letter that assertedly contained false assurances. While a law firm supplying such a letter may have a duty running to the third parties, the record in this case does not support the conclusion that the assertion in the opinion letter caused plaintiff's loss. We thus conclude that summary judgment...

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