Tarrant Apparel Group v. Camuto Consulting Group, Inc.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered October 20, 2006, which, to the extent appealed from, denied the motion pursuant to CPLR 3211 (a) (7) by defendants With You and Simpson to dismiss the eighth cause of action, unanimously affirmed, with costs.

*557Performance rendered directly to plaintiff would indicate that plaintiff is a third-party beneficiary (see e.g. Internationale Nederlanden [U.S.] Capital Corp. v Bankers Trust Co., 261 AD2d 117, 123 [1999]). Drawing all inferences in plaintiffs favor, as one must on a motion to dismiss under CPLR 3211 (a) (7),…