Prudential Ins. Co. v. Dewey Ballantine, Bushby, Palmer & Wood

In Prudential Ins. Co. v. Dewey Ballantine, Bushby, Palmer & Wood, 80 NY2d 377 (1992), the defendant law firm, pursuant to its client's instructions, furnished an opinion letter to the plaintiff third party in connection with a proposed restructuring of a debt owed plaintiff by the client. The court found that the law firm owed a duty of care to the plaintiff so as to support the plaintiff's negligence cause of action based on false assurances contained in the opinion letter. The court found material, allegations that the defendant was aware that the opinion letter was to be used by the plaintiff in deciding whether to permit the debt restructuring, that the plaintiff relied on the opinion letter in agreeing to the debt restructuring, and, that by addressing and sending the opinion letter directly to the plaintiff, the defendant engaged in conduct which evinced its awareness and understanding that the plaintiff would rely on the letter. Despite the absence of direct privity between the parties, the court found a duty of care.