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CHERNER v. CITY OF NEW YORK

2008-09929

69 A.D.3d 897 (2010)

892 N.Y.S.2d 863

2010 NY Slip Op 644

STEVEN CHERNER, Appellant, v. CITY OF NEW YORK, Defendant, and GRACE INDUSTRIES/EL SOL CONTRACTING & CONSTRUCTION CORPORATION, a Joint Venture, et al., Respondents.

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

Decided January 26, 2010.

Ordered that the order is affirmed, with costs.

Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party (see Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 140 [2002]). However, a party who enters into a contract to render services may be said to have assumed a duty of care and, thus, may be potentially liable in tort to third persons where (1) the contracting party...

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