In James McKinney & Son, Inc. v. Lake Placid 1980 Olympic Games, Inc. (92 A.D.2d 991 [3d Dept 1983] a subcontractor hired by a project owner commenced an action against the project manager (and the owner), asserting, inter alia, a claim sounding in negligence against the manager. The court found that the manager's contractual duties owed to the owner inured to the benefit of the subcontractor, even though the subcontractor and the manager were not in privity of contract. As such, the court refused to dismiss the negligence claim on the ground that the subcontractor's reliance on the manager's ability to manage the project was foreseeable.