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SYKES v. RFD THIRD AVE.

113486/04, 5092

67 A.D.3d 162 (2009)

884 N.Y.S.2d 745

JAMES SYKES et al., Respondents, v. RFD THIRD AVENUE 1 ASSOCIATES, LLC, et al., Defendants, and COSENTINI ASSOCIATES, LLP, Appellant.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Richard E. Lerner of counsel), for appellant.

Adam Leitman Bailey, P.C., New York City (John M. Desiderio and Jessica D. Scherer of counsel), for respondents.

CATTERSON and RENWICK, JJ., concur with MOSKOWITZ, J.; TOM, J.P., and ANDRIAS, J., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

MOSKOWITZ, J.

The only issue on this appeal is whether plaintiffs have stated a claim for negligent misrepresentation. We hold they have not, because they have failed to allege a relationship between themselves and this defendant, the mechanical engineer for the building where plaintiffs purchased an apartment, that is close enough to approach privity. In particular, plaintiffs have failed to allege that they were known to defendant...

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