Abax, Inc. v. New York City Hous. Auth

In Abax, Inc. v. New York City Hous. Auth. 282 A.D.2d 372 (Sup Ct, NY County, 2001, Gammerman, J., Index No. 604023/99, affd 282 AD2d 372 [1st Dept 2001]), the Housing Authority contracted with a construction manager for modernization work at a Housing Authority development. In turn, the construction manager contracted with plaintiff trade contractor to perform certain work at the development. The trade contractor commenced a lawsuit against both the construction manager and the Housing Authority for breach of contract. In dismissing the plaintiff trade contractor's breach of contract claims against the Housing Authority, the Court found: The plaintiff [trade contractor] has pointed to no language in the contract or any of the documents that indicate that the Housing Authority is a principal en the contract between [the construction manager] and the plaintiff, and it seems to me the plaintiff can't assert a contractual claim against the Housing Authority as the owner because there's no privity of contract between the plaintiff and the Housing Authority (id. at 13-14.)