New York Court of Appeals

Security Pacific Business Credit, Inc., Respondent v. Peat Marwick Main & Co., as Successor to Main Hurdman and KMG…

July 1, 199279 N.Y.2d 695

Summary

The Court held that the plaintiff failed to establish a relationship "sufficiently approaching privity" under the Credit Alliance test, and therefore affirmed the trial court’s grant of summary judgment dismissing the complaint. Justice Hancock, Jr., dissenting, argued that the record created a triable issue on the linking‑conduct element and that the summary judgment should be denied.