Ordered that the order is reversed, on the law, with costs payable by the respondent to the appellant, and that branch of the motion of the defendant City of New York which was to dismiss the third cause of action is denied.
In 2002, the defendant City of New York entered into a contract (hereinafter the prime contract) with the defendant Bovis Lend Lease LMB, Inc. (hereinafter Bovis), pursuant to which Bovis agreed to act as the construction manager on the construction...
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