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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46938 Judge Jones DEFENDANT IS a private company engaged principally in the manufacture of fabrics and clothing and co-defendant was engaged in finishing fabrics and manufacturing clothing. Certain of co-defendant’s employees were members of plaintiff International Ladies’ Garment Workers’ Union (ILGWU), and co-defendant was required to make payments to plaintiff ILGWU National Retirement Fund pursuant to the Employee Retirement and Income Security Act. Co-defendant was a customer of defendant and entered into a series of security and other agreements with defendant. In 1995, defendant commenced suit against co-defendant, seeking to foreclose on its security. Defendant’s subsequent third-party complaint brought, among other things, claims against the union for negligent misrepresentation. The court dismissed the claim of negligent misrepresentation, finding that third-party defendant did not allege the existence of a “special relationship.”

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