Kramer Levin Client Forest City Ratner Obtains Favorable NYS Court of Appeals Ruling

On April 26, the New York State Court of Appeals affirmed a New York appellate court and the motion court in dismissing a breach of contract claim brought by Skanska USA Building Inc. (Skanska) against an affiliate of Kramer Levin client Forest City Ratner, Atlantic Yards B2 Owner LLC (B2 Owner) in connection with the construction of 461 Dean Street, the tallest modular building in the world and one portion of the Pacific Park development (formerly known as Atlantic Yards) in Brooklyn. Skanska alleged that B2 Owner breached its contract by failing to comply with New York’s Lien Law § 5. The six-judge panel determined in a 6-0 decision that it need not reach Skanska USA’s interpretation of the Lien Law, as the contract at issue did not contain any express provision requiring compliance with Lien Law § 5, and a New York choice-of-law provision did not require reading the Lien Law into the contract.