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SKY-LIFT CORPORATION v. FLOUR CITY ARCHITECTURAL METALS, INC.

298 A.D.2d 214 (2002)

748 N.Y.S.2d 725

SKY-LIFT CORPORATION, Appellant, v. FLOUR CITY ARCHITECTURAL METALS, INC., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 15, 2002.

No basis exists for departing from the general rule that a secondary subcontractor (plaintiff) who is not paid by its primary subcontractor (defendant Frame) cannot look for payment to the contractor with whom the primary subcontractor contracted (defendant-respondent Flour City), absent privity of contract (see Tibbetts Contr. Corp. v O & E Contr. Co., 15 N.Y.2d 324; Barry, Bette & Led Duke v State of New York,

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