Summary
In Braun Equipment Co. Inc. v. Borelli Associates, 220 AD2d 312 [1st Dept. 1995], the court found that a subcontractor had no recourse against an owner where the subcontract expressly precluded third-party privity.
Summary of this case from SUPERB GEN. CONTR. CO. v. NEW YORKOpinion
October 19, 1995
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The prime contract at bar (the "Construction Management Agreement") expressly precludes third-party privity. The subcontract (the "Plumbing Contract") has language incorporating the prime contract's terms by reference. Accordingly, the subcontractor is not in privity with the tenant (who acts as an owner for present purposes), and the subcontractor's recourse is against the prime contractor only ( see, Alvord Swift v. Muller Constr. Co., 46 N.Y.2d 276, 280).
Concur — Sullivan, J.P., Kupferman, Williams and Tom, JJ.