ADAMS v. BOSTON PROPERTIES LIMITED PARTNERSHIP


41 A.D.3d 112 (2007)

837 N.Y.S.2d 86

IVAN ADAMS, Plaintiff, v. BOSTON PROPERTIES LIMITED PARTNERSHIP et al., Defendants. BOSTON PROPERTIES LIMITED PARTNERSHIP et al., Third-Party Plaintiffs-Appellants, v. MASCO CONTRACTOR SERVICES EAST, INC., et al., Third-Party Defendants-Respondents.

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

Decided June 5, 2007.


The third-party claims at issue, for breach of contract and contractual indemnification, were properly dismissed since the promises upon which those claims are based are found in the main agreement, to which third-party defendants were not signatories. While it is true that the construction subcontracts signed by third-party defendants incorporated the main agreement by reference, "[u]nder New York law, incorporation clauses in a construction subcontract, incorporating prime...

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