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BENAVIDES v. 30 BROOKLYN, LLC

2011-06671.

96 A.D.3d 889 (2012)

946 N.Y.S.2d 513

2012 NY Slip Op 4961

VANESSA BENAVIDES et al., Appellants, v. 30 BROOKLYN, LLC, Defendant, and G&C PLUMBING AND SEWER SERVICES, INC., Respondent. (And a Third-Party Action.)

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

June 20, 2012.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

"Because a finding of negligence must be based on the breach of a duty, a threshold question in tort cases is whether the alleged tortfeasor owed a duty of care to the injured party" (Espinal v Melville Snow Contrs., 98 N.Y.2d 136, 138 [2002]). In addition, "`[a] contractual obligation, standing alone, will generally not give rise to tort liability...

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