Adams v Boston Props. Ltd. Partnership
2007 NY Slip Op 04691 [41 AD3d 112]
Decided on June 5, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 5, 2007
Tom, J.P., Mazzarelli, Andrias, Williams, McGuire, JJ.

1234
Index 106409/04

[*1]Ivan Adams, Plaintiff,590692/05

v

Boston Properties Limited Partnership, et al., Defendants. Boston Properties Limited Partnership, et al., Third-Party Plaintiffs-Appellants, Masco Contractor Services East, Inc., et al., Third-Party Defendants-Respondents.





London Fischer LLP, New York (Robert H. Baumgarten of
counsel), for appellants.
Simmons, Jannace & Stagg, LLP, Syosset (Michael D. Kern of
counsel), for Masco Contractor Services East, Inc. and Superior
Contracting Corporation, respondents.
Guararra & Zaitz, New York (Michael J. Guararra of counsel),
for Ritter Contracting, Inc., respondent.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered May 3, 2006, which, to the extent appealed from, granted the motions of third-party defendants for summary judgment insofar as to dismiss certain third-party claims for contractual indemnification and for breach of contract for failure to procure insurance, unanimously affirmed, with costs.

The third-party claims at issue, for breach of contract and contractual indemnification, were properly dismissed since the promises upon which those claims are based are found in the main agreement, to which third-party defendants were not signatories. While it is true that the construction subcontracts signed by third-party defendants incorporated the main agreement by reference, "[u]nder New York law, incorporation clauses in a construction subcontract, incorporating prime contract clauses by reference into a subcontract, bind a subcontractor only as to prime contract provisions relating to the scope, quality, character and manner of the work to be performed by the subcontractor" (Bussanich v 310 E. 55th St. Tenants, 282 AD2d 243 [2001]; see Goncalves v 515 Park Ave. Condominium, __ AD3d __, 2007 NY Slip Op. 02981 [2007]).

M-2502 - Adams v Boston Properties Ltd. Partnership, et al. [*2]

Motion seeking leave to enlarge record denied.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2007

CLERK