90 A.D.2d 893 | N.Y. App. Div. | 1982
Appeal from an order of the Supreme Court at Special Term (Shea, J.), entered February 16, 1982 in Clinton County, which, inter alia, denied defendant’s motion for summary judgment dismissing the first cause of action in the complaint. During the course of negotiations between plaintiff, a not-for-profit corporation which operates and manages the student dining facilities at SUNY Plattsburgh, and defendant, a subsidiary of ARA Services, Inc. (ARA), concerning the retention of ARA’s services, ARA, within the contents of a letter addressed to plaintiff and dated April 15,1976, made certain financial recommendations including specific board rates which were designed to save plaintiff a considerable sum of money. At a meeting of the executive board of plaintiff on April 26, 1976, a contract with ARA was authorized. However, at the same meeting plaintiff established a board rate schedule for the 1976-1977 school year in excess of the rates recommended by ARA. The parties entered into a consulting contract on May 26, 1976 whereby ARA represented that it had “the necessary expertise, technical knowledge, research and development facilitiés” to provide “professional expertise and consulting advice” with respect to plaintiff’s dining facilities. The contract made no reference to any board plan rates for the 1976-1977 school year. After ARA entered upon its duties, plaintiff alleges that it lost large sums of money in carrying out the food program supervised by ARA. In consequence of that alleged loss of income, plaintiff commenced this action on October 27, 1978. The first cause of action alleged in the complaint sounds in negligence and specifically alleges professional negligence on the part of ARA in failing to exercise such skill, knowledge, prudence and diligence as are commonly possessed by professionals in the food service field.
The second and third causes of action are not germane to this appeal.