Key International Manufacturing, Inc. v. Morse/Diesel, Inc

In Key International Manufacturing, Inc. v. Morse/Diesel, Inc., 142 A.D.2d 448 (2d Dept 1988) the plaintiff, the owner of the development, sued an architect and an engineer contracted by plaintiff's wholly owned subsidiary for economic loss suffered in connection with a construction project involving the development on the basis that it was the third-party beneficiary of the contract. The language in Key International [supra, at 455], states: "where performance is to be made directly to a third party, that party is generally deemed an intended beneficiary of the contract and is entitled to enforce it . . ."