Migliore v. Ricciardi

Order, Supreme Court, Bronx

County (Kenneth Thompson, Jr., J.), entered June 26, 1997, which denied plaintiffs motion for partial summary judgment dismissing the counterclaims asserted by defendant Yarka Ricciardi, unanimously affirmed, without costs.

Although defendant Yarka Ricciardi was not a party to the subject contract or in privity with either party to the contract, she still has a sufficiently viable claim of entitlement thereunder, as a third-party beneficiary, to avoid summary dismissal of her counterclaims premised upon the contract. Evidence circumstantially reflecting the intention…