The buyer of a $4 million penthouse on East 78th Street has no claim for negligent misrepresentation against the engineering firm that designed the 32-story building’s heating and air-conditioning systems, a divided panel of the Appellate Division, First Department, ruled yesterday.
Finding the lack of a close enough nexus between the engineering firm and the penthouse buyer, the panel in Sykes v. RFD Third Avenue 1 Associates, 113486/04, voted 3-2 to dismiss the sole remaining claim against the engineers asserted by the purchaser, James Sykes, an investment banker.
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