Monthly Archives: July 2012

How Close Do You Have To Be To Be “Near Privity”?

(A Representative Survey of the Evolving Jurisprudence of the Court of Appeals)[1]

 (Victor M. Metsch is a Senior Litigation/ADR partner at Hartman & Craven LLP.  He can be reached at  He maintains a website at and can be found on Twitter at @LegalVictor1).

This article was originally published on

                         To attorneys “of a certain age” (including me), the concept of “privity”, in respect of claims sounding in either contract and tort, was taught in law school at an almost talismanic level – that is to say, “privity” was a threshold and fundamental element of any such claims.

Over the years, what Judge Cardozo characterized (in 1931) as “[t]he assault upon the citadel of privity” has not only “proceeded apace”, but in certain respects arguably may have all but emasculated the iconic principle.

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