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J.A.O. ACQUISITION CORP. v. STAVITSKY

23 A.D.3d 200 (2005)

803 N.Y.S.2d 527

J.A.O. ACQUISITION CORP. et al., Appellants, v. JEFFREY D. STAVITSKY et al., Defendants, and FIRST UNION NATIONAL BANK, Formerly Known as CORESTATES BANK, N.A., Respondent. (And a Third-Party Action.)

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

November 3, 2005.

Plaintiff's claim of negligent misrepresentation was properly dismissed for lack of evidence demonstrating "the necessary link" sufficient to evince defendant's understanding that plaintiff was relying on defendant's payoff letter to determine whether to proceed with the transaction (see Prudential Ins. Co. of Am. v Dewey, Ballantine, Bushby, Palmer & Wood, 80 N.Y.2d 377, 383-384 [1992...

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