Christoff v. A. E. Petrossi, Inc.
This text of 11 A.D.2d 624 (Christoff v. A. E. Petrossi, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order unanimously affirmed, with $25 costs and disbursements. Memorandum: The cause of action alleged in the complaint is one for breach of a contractual duty, independent of any negligence. Plaintiff claims to be a third-party beneficiary to this contract and a sufficient cause of action is stated in the complaint. (Wilson v. Costich Co., 231 App. Div. 346; Coley v. Cohen, 289 N. Y. 365.) The six-year Statute of Limitations applies. (Blessington V. McCrory Stores Corp., 305 N. Y. 140.) (Appeal from order of Monroe Special Term denying defendant’s motion for summary judgment.) Present — Williams, P. J., Bastow, Goldman, Halpem and McClusky, JJ.
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Cite This Page — Counsel Stack
11 A.D.2d 624, 200 N.Y.S.2d 607, 1960 N.Y. App. Div. LEXIS 10215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christoff-v-a-e-petrossi-inc-nyappdiv-1960.