Legal Opinion
Sky-Lift Corp. v. Flour City Architectural Metals, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 2002PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered June 15, 2001, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
No basis exists for departing from the general rule that a secondary subcontractor (plaintiff) who is not paid by its primary subcontractor (defendant Frame) cannot look for payment to the contractor with whom the primary subcontractor contracted (defendant-respondent Flour City), absent privity of contract (see Tibbetts Contr. Corp. v O & E Contr. Co., 15 NY2d 324; Barry, Bette & Led Duke v…
2Cases cited5 opinions
- EFCO Corp. v. U.W. Marx, Inc.Court of Appeals for the Second Circuit · 1997
- Tibbetts Contracting Corp. v. O & E Contracting Co.New York Court of Appeals · 1965
- Barry, Bette & Led Duke, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1998
- Westinghouse Electric Supply Co. v. R.P. Brosseau & Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Data Electric Co. v. Nab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by3 opinions
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Haber v. GutmannAppellate Division of the Supreme Court of the State of New York · 2009
- KMT Construction Corp. v. Mega Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2004