Legal Opinion

Dormitory Auth. of N.Y. v. Samson Constr. Co.

Court for the Trial of Impeachments and Correction of Errors

Decided February 15, 2018No. 8PublishedCited by 104 opinions

1Opinion of the Court

DiFIORE, Chief Judge:

The two questions on this appeal are whether plaintiff City of New York is an *458intended third-party beneficiary of the architectural services contract between plaintiff Dormitory Authority of the State of New York (DASNY) and defendant Perkins Eastman Architects, P.C. and whether DASNY's negligence claim against Perkins is duplicative of its breach of contract claim. We hold that summary judgment should have been granted in defendant Perkins' favor on both issues.

This action arose out of a construction project to build a forensic biology laboratory at 26 th Street and…

2Cases cited11 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  3. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  4. Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
  5. Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985

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3Cited by104 opinions

  1. Michael Davis Constr., Inc. v. 129 Parsonage Lane, LLCAppellate Division of the Supreme Court of the State of New York · 2021
  2. Financial Assistance, Inc. v. GrahamAppellate Division of the Supreme Court of the State of New York · 2021
  3. Old Crompond Rd., LLC v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2022
  4. Anderson v. PinnAppellate Division of the Supreme Court of the State of New York · 2020
  5. KTG Hospitality, LLC v. Cobra Kitchen Ventilation, Inc.Appellate Division of the Supreme Court of the State of New York · 2022

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