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BRI-DEN CONSTRUCTION CO., INC. v. KAPELL & KOSTOW ARCHITECTS, P.C.

56 A.D.3d 355 (2008)

867 N.Y.S.2d 437

BRI-DEN CONSTRUCTION CO., INC., Appellant, v. KAPELL & KOSTOW ARCHITECTS, P.C., et al., Respondents.

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

Decided November 20, 2008.

There is admittedly no contractual privity between the parties, and the court properly found that plaintiff contractor failed to state a cause of action under any of the theories set forth in the complaint because it failed to demonstrate the "functional equivalent of contractual privity" under the three prong test set forth in Ossining Union Free School Dist. v Anderson LaRocca Anderson (73 N.Y.2d 417, 419 [1989]). In Ossining...

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