Narrative Opinion Summary
In a legal dispute involving negligent misrepresentation, the Supreme Court of New York County granted summary judgment in favor of Engelhard Corporation, dismissing the plaintiff's claims. The case centered on a plumbing contractor who sought advice from Engelhard's customer service without specifying detailed job site information. Engelhard recommended a product based on the limited information provided. The court applied the legal principle from Kimmell v. Schaefer, determining that a duty to communicate with care arises only from a special relationship where reliance on information is justified. The court concluded that the interaction between the parties was merely an arm's-length transaction and did not constitute a special relationship, thus no duty was owed by Engelhard to ensure the accuracy of the information provided. The plaintiff's arguments were deemed unpersuasive, leading the court to rule unanimously in favor of Engelhard. The decision emphasized the necessity of a special relationship to impose a duty in negligent misrepresentation cases, and costs were awarded to Engelhard.
Legal Issues Addressed
Duty to Communicate with Care under Negligent Misrepresentationsubscribe to see similar legal issues
Application: The court applied the principle that a duty to communicate with care arises only from a special relationship where one party has the right to rely on the other's information. In this case, the court found no such duty existed between the parties due to the arm's-length nature of their interaction.
Reasoning: The ruling emphasized that a duty to communicate with care arises from a relationship where one party has the right to rely on the other's information, as established in Kimmell v. Schaefer. However, a mere arm's-length business relationship does not suffice to establish this duty.
Summary Judgment in Negligent Misrepresentation Claimssubscribe to see similar legal issues
Application: The court granted summary judgment in favor of Engelhard Corporation, determining that the plaintiff's claim did not establish the existence of a duty required for negligent misrepresentation due to the lack of a special relationship.
Reasoning: The Supreme Court of New York County, presided by Justice Barbara Kapnick, issued an order on January 14, 1998, granting Engelhard Corporation's motion for summary judgment, thereby dismissing the plaintiffs' remaining causes of action for negligent misrepresentation.