Justice Yvonne Lewis
Defendants architects moved for dismissal of plaintiff Board of Managers' complaint, which asserted 24 causes of action, including breach of contract, alleging defendants caused and permitted the residential luxury condominium building to be defectively built. Defendants sought dismissal of the action arguing the board had no viable breach of contract claim against them. Defendants contended they agreed to provide architectural services in connection with the design and construction of the subject building pursuant to a written agreement with the sponsor, noting plaintiff was not a party to the agreement, which explicitly disclaimed the right of any third party action against movants. The court agreed, dismissing plaintiff's breach of contract claim against movants, ruling the board was not a party to the subject agreement, and failed to establish the required criteria, including that the contract was intended for its benefit. It also dismissed the negligence and malpractice claims noting that merely alleging a duty of care did not transform a breach of contract cause of action into a tort claim, and concluding in the absence of privity, plaintiff had no viable professional malpractice claim against defendants.
