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ELLINGTON OWNERS CORP. v. 200 BRADHURST DEVS. LLC

Index No. 155143/18. Appeal No. 12893. Case No. 2020-02067.

190 A.D.3d 550 (2021)

136 N.Y.S.3d 716

2021 NY Slip Op 00253

Ellington Owners Corp. et al., Respondents-Appellants, v. 200 Bradhurst Developers LLC et al., Defendants, and West Manor Construction Corp. et al., Appellants-Respondents.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York ( Brian L. Battisti of counsel), for appellant-respondent.

Rosenberg & Estis, P.C., New York ( Alexander Lycoyannis of counsel), for respondents-appellants.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

Plaintiffs, the residential unit owner and the board of the "cond-op," were not parties to the construction contract between defendants West Manor and Bluestone, the contractor defendants, and the sponsor defendants. Further, West Manor and Bluestone have not shown, at this stage of the proceeding, that their relationship with plaintiffs was the "functional equivalent of privity" (cf. Town of Oyster Bay v Lizza Indus., Inc....

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