LOSQUADRO v. GERRARD

ORDERED that the order is affirmed, with costs.

The Supreme Court correctly ruled that under the circumstances presented, the defendant did not, as a matter of law, have a duty to avoid mis-advising the plaintiff, his fellow Town Councilman, regarding whether the Town of Brookhaven would compensate the plaintiff for his legal expenses in defending against Federal criminal charges (see, Delcor Labs. v. Cosmair, Inc., 169 A.D.2d 639; cf., Kimmell v. Schaefer, 89 N.Y.2d 257; AFA Protective Sys. v. American Tel. Tel. Co., 57 N.Y.2d 912). The complaint is devoid of any indication that a special relationship existed between the parties such that the defendant undertook a duty to impart accurate information to the plaintiff (see, Prudential Ins. Co. v. Dewey, Ballantine, Bushby, Palmer Wood, 80 N.Y.2d 377; Ossining Union Free School Dist. v. Anderson LaRocca Anderson, 73 N.Y.2d 417; Rotanelli v. Madden, 172 A.D.2d 815).