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164 MULBERRY v. COLUMBIA UNIV

4 A.D.3d 49 (2004)

771 N.Y.S.2d 16

164 MULBERRY STREET CORP. et al., Respondents, v. COLUMBIA UNIVERSITY et al., Appellants. CHEZ JOSEPHINE et al., Respondents, v. COLUMBIA UNIVERSITY et al., Appellants.

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

January 20, 2004.

Attorney(s) appearing for the Case

Law Offices of Arnold N. Kriss (John C. Theodorellis of counsel), for 164 Mulberry Street Corp. and others, respondents.

Law Office of Thomas R., Moore and Law Office of Joseph M. Lichtenstein, P.C. (Elliot L. Lewis of counsel), for Chez Josephine and others, respondents.

Hughes Hubbard & Reed LLP and Toback, Hyman & Bernstein LLP (George A. Davidson, Arthur M. Toback and Derek J. T. Adler of counsel), for Columbia University and others, appellants.

ANDRIAS, ROSENBERGER and WILLIAMS, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

We are asked to decide whether an academic research project that allegedly caused havoc at several New York City restaurants can form the basis of a lawsuit sounding in various tort causes of action against the academic institution and the researcher. Defendant Flynn, a Columbia Business School professor, designed and implemented a study which sought to elicit responses from restaurants in New York City to complaints from putative...

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