Legal Opinion
West 63 Empire Associates, LLC v. Walker & Zanger, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 2013Published
1Opinion of the Court
Judgment, Supreme Court, New York County (Lucy Billings, J.), entered May 21, 2012, granting defendant’s motion for summary judgment dismissing the complaint, and denying plaintiffs cross motion for leave to amend the complaint, unanimously affirmed, with costs.
Even assuming that plaintiff has standing to sue as an intended third-party beneficiary of a contract for the purchase of natural travertine tile, entered into between plaintiff’s interior designer and defendant (see Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 NY2d 38, 45 [1985]), the broad, express, and conspicuous…
2Cases cited8 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985
- Primex International Corp. v. Wal-Mart Stores, Inc.New York Court of Appeals · 1997
- Simone v. Homecheck Real Estate Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Smith v. FitzsimmonsAppellate Division of the Supreme Court of the State of New York · 1992
3 more not listed; retrieve them via the Exa API.