Court Says Condo Owners' Relationship to Architect May Approach Privity

NEW YORK - Contract language suggesting that architectural services may have been intended to benefit unit owners as well as developers precludes dismissal of claims that design defects led to water intrusion and mold, a New York court has ruled. The Board of Managers of Marke Gardens Condominium v. 240/242 Franklin Avenue LLC, et al., No. 29255/2007 (N.Y. Sup. Ct., Kings Cty.).

Kings County (N.Y.) Supreme Court Justice James G. Starkey ruled on Aug. 26 that condominium owners can pursue contract and negligence claims against Scarano Architect PLLC, but he dismissed a third count alleging that the architect employed deceptive …