J.P. MORGAN SECURITIES INC., plf-res, v. JASON ADER def-ap

13915-13916. J.P. MORGAN SECURITIES INC., plf-res, v. JASON ADER def-ap — Kasowitz, Benson, Torres & Friedman LLP, New York (Jed I. Bergman of counsel), for ap — Satterlee Stephens Burke & Burke LLP, New York (James J. Coster of counsel), for res — Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered June 3, 2013, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment dismissing defendants’ counterclaim for negligent misrepresentation, affirmed, without costs. Order, same court and Justice, entered April 17, 2014, which granted plaintiff’s motion to strike defendants’ demand for a jury trial on their counterclaim for fraudulent inducement, reversed, on the law, without costs, and the motion denied.

The motion court properly dismissed defendants’ counterclaim for negligent misrepresentation. “A claim for negligent misrepresentation requires the plaintiff to demonstrate (1) the existence of a special or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff; (2) that the information was incorrect; and (3) reasonable reliance on the information” (J.A.O. Acquisition Corp. v. Stavitsky, 8 NY3d 144, 148 [2007]). In commercial cases “a duty to speak with care exists when the relationship of the parties, arising out of contract or otherwise, [is] such than in morals and good conscience the one has the right to rely upon the other for information” (Kimmell v. Schaefer, 89 NY2d 257, 263 [1996]). Reliance on the statements must be justifiable, and “not all representations made by a seller of goods or a provider of services will give rise to a duty to speak with care” (id.). “Rather, liability for negligent misrepresentation has been imposed only on those persons who possess unique or specialized expertise, or who are in a special position of confidence and trust with the injured party such that reliance on the negligent misrepresentation is justified” (id.). In order to impose tort liability in a commercial case, “there must be some identifiable source of a special duty of care” (id. at 264).