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PRUSS v. AMTRUST N. AM. INC.

Index. No. 150223/18. Appeal No. 15837. Case No. 2021-03124.

204 A.D.3d 620 (2022)

168 N.Y.S.3d 22

2022 NY Slip Op 02884

Eita (Itty) Pruss et al., Respondents, v. AmTrust North America Inc. et al. Defendants, and Sherri Pavloff et al., Appellants. (And Another Action.).

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Furman Kornfeld & Brennan LLP, New York ( A. Michael Furman of counsel), for Sherri Pavloff, appellant.

Coffey Modica O'Meara Capowski LLP, White Plains ( John F. Watkins of counsel), for Farber Brocks & Zane, appellant.

L'Abbate, Balkan, Colavita & Contini, LLP, Melville ( Marian C. Rice of counsel), for Lester Schwab Katz & Dwyer, LLP, appellant.

The Edelsteins Faegenburg & Brown, LLP, New York ( Paul J. Edelstein of counsel), for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

The negligent misrepresentation claims should be dismissed because there was no privity or privity-like relationship between plaintiffs and these defendants. "Before a duty can be imposed to use reasonable care in imparting correct information, an allegation of negligent misrepresentation must be based on a `special relationship' between the parties ... [t]he bond so established must be the functional equivalent of contractual...

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