Court Refuses to Dismiss Subcontractor for Lack of Privity

NEW YORK - A New York court denied a subcontractor's motion to dismiss it as a 3rd-party defendant from a mold construction case on Aug. 24, rejecting the argument that liability could not accrue absent a contract between it and the 3rd-party plaintiff. Vitra v. Soho House, et al., Index No. 118259/03 (N.Y. Sup., N.Y. Cty.).

Vitra Inc. is seeking damages against numerous defendants it blames for severe water damage and mold in its New York retail location. Vitra contends the water damage was caused by negligent design and construction of spa facilities operated by defendant Soho House U.S. Corp., …