NORTH STAR CONTR. CORP. v. MTA CAPITAL CONSTR. CO.

11049 150326/11

120 A.D.3d 1066 (2014)

993 N.Y.S.2d 11

2014 NY Slip Op 06238

NORTH STAR CONTRACTING CORP., Appellant, v. MTA CAPITAL CONSTRUCTION COMPANY, Respondent.

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

Decided September 18, 2014.


Defendant MTA Capital Construction Company (MTA-CC) was the construction manager of a project taking place along the 7th Avenue/Broadway subway line in Manhattan; the MTA-New York City Transit Authority (NYCT), to which MTA-CC is a sister entity, was the project's owner. In connection with the project, MTA-CC entered into a contract with nonparty Judlau Contracting, Inc. under which Judlau became the project's general contractor. Judlau then entered into a contract with plaintiff...

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