In Ossining Union Free School Dist. V. Anderson, 73 NY2d 417 (1989) the Court held that an engineer was liable to the school district for damages even though the engineer's contract was with the architect and not the school district itself. The engineer moved to dismiss the action as to them, alleging that absent contractual privity, neither the negligence claim nor the malpractice claim could be sustained. The trial court dismissed the complaint against the engineer, but the Court of Appeals reversed on the basis that the underlying relationship between the school and the engineer was so close as to be the functional equivalent as to privity. (Ossining, supra.)