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PAR PLUMBING CO., INC. v. ENGELHARD CORPORATION

256 A.D.2d 124 (1998)

681 N.Y.S.2d 280

PAR PLUMBING CO., INC., Appellant, v. ENGELHARD CORPORATION, Respondent, et al., Defendant.

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

Decided December 10, 1998.

In a commercial context, "a duty to speak with care exists when `the relationship of the parties, arising out of contract or otherwise, [is] such that in morals and good conscience the one has the right to rely upon the other for information'" (Kimmell v Schaefer, 89 N.Y.2d 257, 263, quoting International Prods. Co. v Erie R. R. Co., 244 N.Y. 331, 338). A simple arm's length business relationship is not enough (see, United...

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