5TH AVE v. 540 ACQUISITION CO


272 A.D.2d 23 (2000)

712 N.Y.S.2d 8

5TH AVENUE CHOCOLATIERE, LTD., et al., Appellants, v. 540 ACQUISITION CO., L. L. C., et al., Respondents.

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

July 6, 2000.


Attorney(s) appearing for the Case

Kenneth J. Ashman of counsel (Ashman & Griffin, attorneys), for appellants.

Harry Steinberg of counsel (Abraham S. Altheim on the brief; Newman Fitch Altheim Myers, P. C., attorneys), for respondents.


OPINION OF THE COURT

ELLERIN, J.

This case and the companion case of 532 Madison Ave. Gourmet Foods v Finlandia Ctr. (271 A.D.2d 49 [decided herewith]) demonstrate the inappropriateness of rigidly extending a legal principle that had its genesis in contract law to a factual predicate that involves completely different juridical relationships.

While the facts and extent of the lack of care by defendants which...

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