Spirit & Sanzone Distributors Co. v. DeCrescente Distributing Co.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendants’ motion seeking partial summary judgment dismissing the third cause of action. In that cause of action, plaintiff sought to recover damages on the theory that it was an intended third-party beneficiary of a distributorship agreement between defendant DeCrescente Distributing Co., Inc. and a nonparty, Miller Brewing Company. As a matter of law, plaintiff is not an intended beneficiary of that agreement (see generally,…