Superb General Contracting Co. v. City of New York

*518Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 4, 2009, which, in an action by a contractor against the City to recover delay damages incurred in the performance of a subcontract involving the rehabilitation of City-owned housing, inter alia, granted the City’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff, a subcontractor hired by the construction manager to perform the rehabilitation, was not in privity of contract with the City as property owner (see Kelly Masonry Corp. v Presbyterian Hosp. in City of N.Y.,…