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Court of Appeals Limits Negligent Misrepresentation Claims

By Stewart E. Sterk

In Sykes v. RFD Third Avenue 1 Associates, LLC, NYLJ 10/20/10, p. 28, col. 5, the Court of Appeals answered a question of considerable importance to home purchasers, and particularly to condominium purchasers: When does a purchaser have a claim against a party with whom the purchaser has never dealt when that party made a negligent misrepresentation on which the purchaser relied? In Sykes, the Court of Appeals, relying on dicta in past cases, held that a purchaser cannot prevail on such a claim unless the party making the representation was aware of the precise identify of the parties who would rely on that representation.

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