TARZIA v. BROOKHAVEN NAT'L LAB.


247 A.D.2d 605 (1998)

669 N.Y.S.2d 230

Ann Tarzia et al., Respondents, v. Brookhaven National Laboratory et al., Defendants, and Associated Universities, Inc., Appellant

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

February 23, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was to dismiss the second cause of action to recover damages for negligent misrepresentation is granted.

The plaintiffs' bare assertion that the defendants "negligently misrepresented to the plaintiffs the risk created by the use, discharge and deposit of the hazardous materials" is legally insufficient to state a cause of action for negligent misrepresentation...

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