WILLIAMS & SONS ERECTORS v. SOUTH CAROLINA STEEL CORP.

No. 1672, Docket 92-7140.

983 F.2d 1176 (1993)

WILLIAMS AND SONS ERECTORS, INC., Plaintiff, v. SOUTH CAROLINA STEEL CORPORATION, Defendant. SOUTH CAROLINA STEEL CORPORATION, Third-Party-Plaintiff, v. MARS ASSOCIATES, INC.; Normel Construction Corporation; and Federal Insurance Company, Third-Party-Defendants. MARS ASSOCIATES, INC.; Normel Construction Corporation; and Federal Insurance Company, Fourth-Party-Plaintiffs-Appellants, v. The DORMITORY AUTHORITY OF the STATE OF NEW YORK, Fourth-Party-Defendant-Appellee. The DORMITORY AUTHORITY OF the STATE OF NEW YORK, Fifth-Party-Plaintiff-Appellee, v. The GRUZEN PARTNERSHIP, ARCHITECTS, PLANNERS; and Gruzen Samton Steinglass, Fifth-Party-Defendants-Appellees. The GRUZEN PARTNERSHIP, ARCHITECTS, PLANNERS; and Gruzen Samton Steinglass, Sixth-Party-Plaintiff-Appellee, v. EWELL W. FINLEY, P.C., Sixth-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided January 14, 1993.


Attorney(s) appearing for the Case

Eli S. Cohn, New York City (Eugene H. Goldberg, McDonough Marcus Cohn & Tretter, P.C., of counsel), for appellants Mars Associates, Inc., Normel Const. Corp. and Federal Ins. Co.

Frederick R. Rohn, New York City (David E. Montgomery, Ronald E. Sharpe, Sacks Montgomery, P.C., of counsel), for appellees The Dormitory Authority of the State of New York and The Gruzen Partnership, Architects, Planners and Gruzen Samton Steinglass.

Before: CARDAMONE, WINTER and MAHONEY, Circuit Judges.


CARDAMONE, Circuit Judge:

On this appeal we are called upon to apply New York's law of privity, familiar to lawyers from Chief Judge Cardozo's memorable phrase: "The assault upon the citadel of privity is proceeding in these days apace." Ultramares Corp. v. Touche, 255 N.Y. 170, 180, 174 N.E. 441 (1931). That case involved plaintiff's attempt to hold defendant liable for words negligently spoken. In this suit by contractors, working from plans prepared for...

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