2 Cited authorities

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail Road

    70 N.Y.2d 382 (N.Y. 1987)   Cited 2,479 times
    Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
  2. Martin H. Bauman Assoc. v. H M Int'l

    171 A.D.2d 479 (N.Y. App. Div. 1991)   Cited 160 times
    Upholding motion for summary judgment on a quantum meruit claim because defendant did not receive a benefit