26 Cited authorities

Clark-Fitzpatrick, Inc. v. Long Island Rail Road
70 N.Y.2d 382 (N.Y. 1987) Cited 2,928 times 1 Legal Analyses
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."
N Y Univ v. Continental Ins Co.
87 N.Y.2d 308 (N.Y. 1995) Cited 1,900 times 5 Legal Analyses
Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
Sommer v. Federal Signal Corp.
79 N.Y.2d 540 (N.Y. 1992) Cited 925 times 2 Legal Analyses
Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause
Hydro Investors v. Trafalgar Power Inc.
227 F.3d 8 (2d Cir. 2000) Cited 490 times 2 Legal Analyses
Holding that contribution may lie for breach of contract actions in the "limited class of cases involving liability for the violation of a professional duty"
Fourth Ocean v. Interstate
66 N.Y.2d 38 (N.Y. 1985) Cited 374 times
Holding that a party other than the contracting parties may enforce a contract only where "the language of the contract . . . clearly evidences an intent to permit enforcement by the third party"
17 Vista Fee v. Teachers Ins
259 A.D.2d 75 (N.Y. App. Div. 1999) Cited 213 times
Affirming grant of leave to amend for plaintiff to add breach of contract claim against engineer
Port Chester Elec. v. Atlas
40 N.Y.2d 652 (N.Y. 1976) Cited 380 times
Holding that action would be considered a special proceeding as to fraudulent transferees where plaintiff sued contract debtor as well as fraudulent transferees in plenary action
Kerusa Co. v. W10Z/515 Real Estate Ltd.
2009 N.Y. Slip Op. 2482 (N.Y. 2009) Cited 147 times 3 Legal Analyses
Holding that the Martin Act “authorizes the Attorney General to investigate and enjoin fraudulent practices in the marketing of stocks, bonds and other securities within or from New York State”
Assured Guar. Ltd. v. J.P. Morgan Inv. Mgmt. Inc.
2011 N.Y. Slip Op. 9162 (N.Y. 2011) Cited 129 times 4 Legal Analyses
Holding as sufficient to survive motion to dismiss plaintiff's claim for gross negligence alleging that JP Morgan knowingly invested in risky mortgage-backed securities despite stated investment goal of "high level of safety of capital" and that JP Morgan favored other client over plaintiff in so investing
Mendel v. Henry Phipps Plaza West, Inc.
2006 N.Y. Slip Op. 1047 (N.Y. 2006) Cited 152 times
Holding that plaintiffs lacked standing to bring suit where agreement "explicitly negate[d] any intent to permit its enforcement by third parties such as plaintiffs"

Dormitory Authority of the State of New York, et al., Respondents,v.Samson Construction Co.,, et al., Defendants, Perkins Eastman Architects, P.C., Appellant.-------------------------------(And other actions)

26 Cited authorities

Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause

Holding that contribution may lie for breach of contract actions in the "limited class of cases involving liability for the violation of a professional duty"

Holding that a party other than the contracting parties may enforce a contract only where "the language of the contract . . . clearly evidences an intent to permit enforcement by the third party"

Affirming grant of leave to amend for plaintiff to add breach of contract claim against engineer

Holding that action would be considered a special proceeding as to fraudulent transferees where plaintiff sued contract debtor as well as fraudulent transferees in plenary action

Holding that the Martin Act “authorizes the Attorney General to investigate and enjoin fraudulent practices in the marketing of stocks, bonds and other securities within or from New York State”

Holding that plaintiffs lacked standing to bring suit where agreement "explicitly negate[d] any intent to permit its enforcement by third parties such as plaintiffs"