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PARISI v. METROFLAG POLO, LLC

51 A.D.3d 424 (2008)

857 N.Y.S.2d 110

JOSEPH PARISI et al., Respondents-Appellants, v. METROFLAG POLO, LLC, et al., Appellants-Respondents.

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

Decided May 1, 2008.

Defendants established their entitlement to summary judgment on the second cause of action, for negligent misrepresentation, by demonstrating that they were nonprofessionals who negotiated an arm's length commercial contract with plaintiffs and had no special relationship with them (see Kimmell v Schaefer, 89 N.Y.2d 257, 264 [1996]). Plaintiffs failed to raise a triable issue in this regard.

The first cause of action, for...

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