AFA Protective Systems, Inc. v. American Telephone & Telegraph Co.
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- King County v. IKB Deutsche Industriebank AG (District Court, S.D. New York 2012)
- Solutia Inc. v. FMC Corp. (District Court, S.D. New York 2006)
- Lazard Debt Recovery GP, LLC. v. Weinstock (Court of Chancery of Delaware 2004)
- Whitney Holdings, Ltd. v. Givotovsky (District Court, S.D. New York 1997)
- In re PaineWebber Ltd. Partnerships Litigation (District Court, S.D. New York 1997)
- In re Leslie Fay Companies, Inc. Securities Litigation (District Court, S.D. New York 1996)
- Balaber-Strauss v. New York Telephone (In re Coin Phones, Inc.) (United States Bankruptcy Court, S.D. New York 1996)
- First Nationwide Bank v. Gelt Funding, Corp. (District Court, S.D. New York 1993)
- prod.liab.rep. (Cch) P 13,032 Miller's Bottled Gas, Inc. v. Borg-Warner Corporation (6th Cir. 1992)
- Polycast Technology Corp. v. Uniroyal, Inc. (District Court, S.D. New York 1992)
- Ostano Commerzanstalt and Dr. Herbert Jovy v. Telewide Systems, Inc. And Bernard L. Schubert (2d Cir. 1986)
- Accusystems, Inc. v. Honeywell Information Systems, Inc. (District Court, S.D. New York 1984)
- Global Granite Sales Corp. v. Sabovic (Appellate Division of the Supreme Court of New York 2018)
- Connaughton v. Chipotle Mexican Grill, Inc. (N.Y. 2017)
- Murphy v. LaFramboise Group, Ltd. (Appellate Division of the Supreme Court of New York 2007)
- Knight Securities, L.P. v. Fiduciary Trust Co. (Appellate Division of the Supreme Court of New York 2004)
- Losquadro v. Gerrard (Appellate Division of the Supreme Court of New York 2000)
- Ben-Reuven v. Kidder, Peabody & Co. (Appellate Division of the Supreme Court of New York 1997)
- Lama Holding Co. v. Smith Barney Inc. (N.Y. 1996)
- Three Crown Ltd. Partnership v. SALOMON BROS. INC. (District Court, S.D. New York 1995)
- Lawrence v. Houston (Appellate Division of the Supreme Court of New York 1991)
- Pappas v. Harrow Stores, Inc. (Appellate Division of the Supreme Court of New York 1988)
- Shaw v. Rolex Watch, U.S.A., Inc. (District Court, S.D. New York 1987)
- Daniel v. Dow Jones & Co. (Civil Court of the City of New York 1987)
- Hutchins v. Utica Mutual Insurance (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
opinion of the court
Memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (20 NYCRR 500.2 [g]), order of the Appellate Division modified, with costs to defendants, by granting defendants’ motion for summary judgment to the extent of dismissing the complaint insofar as it seeks damages for loss of profit, and as so modified, affirmed. Question certified answered in the negative.
Questions of fact exist as to whether defendants’ representatives intended their statements to be opinions or positive statements of present intention, and as to whether plaintiff’s claims are time barred.
The issue of whether a “special relationship” exists sufficient to make out a cause of action for negligent misrepresentation should also be left to the finder of fact (White v Guarente, 43 NY2d 356; International Prods. Co. v Erie R. R. Co., 244 NY 331; Coolite Corp. v American Cyan-amid Co., 52 AD2d 486; see, also, Restatement, Torts 2d, § 552).
As for damages, the rule in this State is that all elements of profit are excluded from a computation of damages in an action grounded in fraud (Reno v Bull, 226 NY 546).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler and Meyer concur; Judges Gabrielli and Fuchsberg taking no part.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), *915 order modified, with costs to defendants, in accordance with the memorandum herein and, as so modified, affirmed. Question certified answered in the negative.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.