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City of Watertown v. Stebbins Engineering & Manufacturing Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 828 (N.Y. App. Div. 1994)

Opinion

July 15, 1994

Appeal from the Supreme Court, Jefferson County, Gilbert, J.

Present — Green, J.P., Balio, Lawton, Wesley and Boehm, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improperly denied defendants' motions to dismiss plaintiff's second cause of action alleging negligent performance of contractual services. A breach of contract does not give rise to a tort unless facts supporting the breach of a legal duty independent of the contract are alleged (Clark-Fitzpatrick, Inc. v. Long Is. R.R. Co., 70 N.Y.2d 382, 389; see also, County of Chautauqua v. Pacos Constr. Co., 195 A.D.2d 1021). Plaintiff has not alleged such facts.

We have reviewed defendants' remaining contentions and find them to be without merit.


Summaries of

City of Watertown v. Stebbins Engineering & Manufacturing Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 15, 1994
206 A.D.2d 828 (N.Y. App. Div. 1994)
Case details for

City of Watertown v. Stebbins Engineering & Manufacturing Co.

Case Details

Full title:CITY OF WATERTOWN, Respondent, v. STEBBINS ENGINEERING AND MANUFACTURING…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 15, 1994

Citations

206 A.D.2d 828 (N.Y. App. Div. 1994)
616 N.Y.S.2d 300

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