Bubonia Holding Corp. v. Jeckel, 189 AD2d 957 [3d Dept 1993] the defendant owner had entered into a project development agreement with a company which was to act as the project manager for the research and design of a commercial building on defendant's property. The project manager contracted with plaintiff to provide sand and gravel. When the project manager failed to make payment, the plaintiff sued the owner. The Court dismissed the complaint, finding it "uncontroverted that plaintiff's sand and gravel agreement was solely with the project manager" (id. al 958.)