Defendant's Attorney:

Description: Brooklyn, New York breach of contract lawyers represented the parties in a breach of contract and negligence case.

In December 2014, Builders Assistance Corp., on behalf of the plaintiff, entered into a contract with the defendant Solomon Rosenzweig, PE, P.C. (hereinafter SRPE), by which SRPE was to provide engineering services to the plaintiff in connection with the development of certain real property located in Brooklyn. The plaintiff subsequently commenced this action against SRPE and its principal, the defendant Solomon Rosenzweig. In the amended complaint, the plaintiff asserted causes of action alleging breach of contract and gross negligence. The defendants moved pursuant to CPLR 3211(a) to dismiss the second cause of action, alleging gross negligence. In an order dated January 19, 2023, the Supreme Court granted the defendants' motion. The plaintiff appeals.

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Legal issue Can a claim for gross negligence be dismissed as duplicative of a breach of contract claim when there is no independent legal duty separate from the contractual obligations?
Headnote

CONTRACT LAW. BREACH OF CONTRACT AND TORT CLAIMS. The case addresses whether a claim for gross negligence is properly dismissed as duplicative of a breach of contract claim when the alleged duty is not independent of the contractual obligations and the injury is economic, stemming from a failure to perform under the contract.

Key Phrases Breach of contract. Gross negligence. Engineering services. Economic injury. Motion to dismiss.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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