Opinion · New York Court of Appeals
Schiavone Construction Co. v. Elgood Mayo Corp.
56 N.Y.2d 667
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1982-05-04
- Topic
- international-arbitration
holding that under the economic loss rule, if an alleged product malfunction is alleged to have caused purely economic loss, then the end-purchaser is limited to contract claims against the manufacturer and may not seek damages in tort | reversing grant of leave to amend to add strict liability claim for pure economic injury | ‘“New York law holds that a negligence action seeking recovery for economic loss will not lie.’ ” | embracing the views expressed in Justice Silverman's dissenting opinion | embracing the views expressed in Justice Silverman’s dissenting opinion | reversing 81 A.D.2d 221, 439 N.Y.S.2d 933 (1st Dep’t.1981) | adopting the dissenting opinion of Silverman, J. | adopting dissenting opinion of Silverman, J. | adopting dissenting opinion of Silverman, J. | adopting Judge Silverman’s dissenting opinion
Citator
- Cited by
- 34 opinions
OPINION OF THE COURT
Order reversed, with costs, and plaintiffs’ motion denied for the reasons stated in the dissenting opinion of Justice Samuel J. Silverman at the Appellate Division (81 AD2d 221, 227-234). Question certified answered in the negative.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.