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SINGER v. BEACH TRADING CO., INC.

876 A.2d 885 (2005)

379 N.J. Super. 63

Marsha SINGER, Plaintiff-Appellant, v. BEACH TRADING CO., INC. and Eli Hizami a/k/a Eli Hizbo, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 2005.

Attorney(s) appearing for the Case

Mitchell B. Seidman argued the cause for appellant (Seidman & Associates, attorneys; Mr. Siedman, of counsel and on the brief; Reena Forst, Englewood Cliffs, on the brief).

Richard M. Howard, Jericho, NY, argued the cause for respondents (Kaufman, Schneider & Bianco, attorneys; Mr. Howard, of counsel and on the brief; Cara A. McCaffrey, on the brief).

Before Judges KESTIN, FUENTES and EICHEN.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal, we are required to consider whether an employer can be held liable for the tort of negligent misrepresentation in providing employment references.

We hold that an employer can be held liable for the negligent misrepresentation of a former employee's work history if: (1) the inquiring party clearly identifies the nature of the inquiry; (2) the employer voluntarily decides to respond...

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