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SUPERB GENERAL CONTRACTING CO. v. CITY OF NEW YORK

70 A.D.3d 517 (2010)

893 N.Y.S.2d 866

SUPERB GENERAL CONTRACTING CO., Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided February 18, 2010.

Plaintiff, a subcontractor hired by the construction manager to perform the rehabilitation, was not in privity of contract with the City as property owner (see Kelly Masonry Corp. v Presbyterian Hosp. in City of N.Y., 160 A.D.2d 192, 193 [1990]), and therefore cannot recover delay damages against the City as owner where the incorporated prime contract specifically provided that the construction manager was an independent contractor...

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