Askin v. Record Concrete Cutting Corp.

Appellate Division of the Supreme Court of New York

Askin v. Record Concrete Cutting Corp.

47 A.D.2d 742, 367 N.Y.S.2d 742, 1975 N.Y. App. Div. LEXIS 9015

Appellate Division of the Supreme Court of the State of New York·Decided March 3, 1975·Published

Opinion

Two orders of the Supreme Court, Nassau County, dated April. 24, 1974 and June 21, 1974, respectively, affirmed, with one bill of $20 costs and disbursements. No opinion. Cohalan, Acting P. J., Brennan and Munder, JJ., concur; Shapiro, J.) concurs in the affirmance. of the orders but, in addition thereto, votes to add théreto a provision that the affirmance is without prejudice to plaintiff’s moving at Special Term, if he be so advised, for leave to amend the complaint so as to plead a cause of action based upon the doctrine of third-party beneficiary (Lawrence v. Fox, 20 N. Y. 268; Seav'er v. Hanson, 224 N. T. 233). "

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Two orders of the Supreme Court, Nassau County, dated April. 24, 1974 and June 21, 1974, respectively, affirmed, with one bill of $20 costs and disbursements. No opinion. Cohalan, Acting P. J., Brennan and Munder, JJ., concur; Shapiro, J.) concurs in the affirmance. of the orders but, in addition thereto, votes to add théreto a provision that the affirmance is without prejudice to plaintiff’s moving at Special Term, if he be so advised, for leave to amend the complaint so as to plead a cause of action based upon the doctrine of third-party beneficiary (Lawrence v. Fox, 20 N. Y. 268; Seav'er v. Hanson, 224 N. T. 233). "

Askin v. Record Concrete Cutting Corp., 47 A.D.2d 742, 367 N.Y.S.2d 742, 1975 N.Y. App. Div. LEXIS 9015 (N.Y. Ct. App. 1975).

Pincite

47 A.D.2d 742 (Askin v. Record Concrete Cutting Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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