Eaves Brooks Costume Company, Inc., Also Known as Eaves Costume Co., Inc. v. Y.B.H. Realty Corp., and M. Lionel…

Summary

The New York Court of Appeals affirmed the dismissal of the tenant's claim, holding that the sprinkler‑inspection and alarm‑maintenance contractors owed no tort duty of care to the tenant and that the misfeasance/nonfeasance distinction was not the proper basis for liability. The Court also noted that policy considerations preclude extending liability to non‑contracting parties.