The defendant, a real estate appraiser, brought a motion to strike the plaintiff's statement of claim for negligent misrepresentation.
The plaintiff alleged the defendant negligently appraised a property, causing a buyer's bank to refuse financing and the sale to fall through.
The court granted the motion to strike, finding it plain and obvious the claim would fail because the appraiser owed no duty of care to the plaintiff.
The appraisal was prepared solely for the buyer's bank, and the plaintiff did not rely on it.
