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VINEYARDS HILLS DEVELOPERS, INC. v. DEWKETT ENGINEERING, P.C.

56 A.D.3d 763 (2008)

VINEYARDS HILLS DEVELOPERS, INC., Appellant, v. DEWKETT ENGINEERING, P.C., Respondent.

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

November 25, 2008.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the cause of action alleging negligent misrepresentation is denied.

Recovery for a pecuniary loss arising from negligent misrepresentation may be had where there is actual privity of contract between the parties or a relationship so close as to approach that of privity (see Ossining Union Free School Dist. v Anderson LaRocca Anderson,

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