Can plaintiff prevail on both causes of action in negligence and breach of contract?
"New York", United States of America
The following excerpt is from New York Child Resource Ctr., Inc. v. Capital Bus Co. & City of New York, 2004 NY Slip Op 51178(U) (NY 8/6/2004), 2004 NY Slip Op 51178(U) (N.Y. 2004):
Nor may plaintiff prevail on its second cause of action as it is an attempt to plead a breach of contract action in negligence. A breach of contract does not give rise to a tort action in the absence of special and additional allegations of wrongdoing not present herein. See Burlew v. American Mutual Ins. Co., 99 AD2d 11, 16, affd 63 NY2d 412 (1984).
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