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W.S.A., Inc. v. Key Trust Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 1034 (N.Y. App. Div. 1993)

Opinion

July 16, 1993

Appeal from the Supreme Court, Erie County, Fallon, J.

Present — Denman, P.J., Pine, Lawton, Boomer and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly dismissed plaintiff's complaint against defendant Key Trust Company (defendant). Plaintiff's cause of action alleging breach of trust fails because an essential element of a valid trust, the intent to pass legal title of the trust fund to defendant, was absent; rather, pursuant to the express terms of the custodian and trust agreements, defendant was to serve as custodian of the trust fund (see, Matter of Ihmsen, 253 App. Div. 472; see generally, Brown v. Spohr, 180 N.Y. 201, 209; Matter of Frank, 52 A.D.2d 335, 338). Plaintiff's negligent misrepresentation causes of action were properly dismissed because essential elements of such a cause of action, i.e., privity of contract or a relationship "so close as to approach that of privity" (Ossining Union Free School Dist. v Anderson LaRocca Anderson, 73 N.Y.2d 417, 424), and reasonable reliance on information imparted by defendant (Bower v. Atlis Sys., 182 A.D.2d 951, 953, lv denied 80 N.Y.2d 758), were absent. Plaintiff's breach of contract cause of action also was properly dismissed. It is undisputed that defendant attempted to obtain adequate funding once it discovered that the bond submitted by plaintiff was inadequate; plaintiff cites no authority requiring defendant itself to provide adequate funding.


Summaries of

W.S.A., Inc. v. Key Trust Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 16, 1993
195 A.D.2d 1034 (N.Y. App. Div. 1993)
Case details for

W.S.A., Inc. v. Key Trust Company

Case Details

Full title:W.S.A., INC., Doing Business as HARMON CONTRACT, Appellant, v. KEY TRUST…

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

Date published: Jul 16, 1993

Citations

195 A.D.2d 1034 (N.Y. App. Div. 1993)
600 N.Y.S.2d 525