New York’s Economic Loss Rule is purportedly a simple common law principle. However, its evolution and application have proven to be quite the opposite. A clear understanding of this rule is essential as it can significantly minimize exposure in many cases and in some instances result in the complete dismissal of a claim.
The Rule and Why It Exists
New York’s economic loss rule prohibits plaintiffs from recovering economic losses in tort actions where the claimed losses flow from damage to property that is the subject of a contract. Accordingly, “no tort recovery may be had against the manufacturer for contractually based economic loss, whether due to injury to the product itself or consequential losses flow therefrom.” Bocre Leasing v. GMC, 84 N.Y.2d 685, 693 (1995)
