Trustees of Columbia Univ. v. Gwathmey Siegel & Assocs. Architects

In Trustees of Columbia Univ. v. Gwathmey Siegel & Assocs. Architects, 192 AD2d 151 (1st Dept 1983) the plaintiffs were not suing the manufacturer of the facade that collapsed, but the contractor. In finding a duty independent of the contract itself, such that liability in tort may lie, the court noted that the project "involve[d] the construction of a facade for a tall building" and that members of the public "trust their very lives to the competence and expertise of those people who build them." 192 AD2d at 154. The Court, in holding that a cause of action in negligence could proceed, recognized that such a result may be appropriate where the nature of the performance called for is affected with a "significant public interest" and failure to perform the service carefully and competently "can have catastrophic consequences." Id. at 154-155.