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DAVIDSON METALS CORP. v. MARLO DEV. CO.

238 A.D.2d 465 (1997)

656 N.Y.S.2d 675

Davidson Metals Corp., Appellant, v. Marlo Development Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 21, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly dismissed the plaintiff's third cause of action alleging negligent misrepresentation, since the record contains evidence negating the plaintiff's reliance on the warranty in the contract at issue (see, Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275; Pappas v Harrow Stores, 140 A.D.2d 501

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