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Negligent Misrepresentation Dismissed For Lack Ofactual Or Constructive Privity

Friday, May 04, 2007 12:05 pm

 
Negligent Misrepresentation Dismissed For Lack Ofactual Or Constructive Privity

The United States District Court for the Eastern District of New York granted a motion to dismiss a plaintiff's negligent misrepresentations and certifications claims for lack of privity, but denied the defendants' remaining motions to dismiss.

Payton Lane Nursing Home, Inc. (Payton) contracted with Perkins Eastman Architects, P.C. (Perkins) for help in a building project. Payton also hired a contractor, on whose behalf American Manufacturers Mutual Insurance Company and American Motorists Insurance Company (collectively, the sureties) issued a performance bond. After construction started, the contractor defaulted and Payton demanded payment on the bond. Payton and Perkins maintained a log, which they "represented . . . identified all of the work performed by [the contractor] which was not in compliance . . . and which would have to be corrected."The su [...]

 
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