Legal Opinion
Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.
New York Court of Appeals
Decided October 15, 1985PublishedCited by 255 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
An action brought by a property owner claiming to be the third-party beneficiary of a contract between a wrecking company, as promisor, and a municipality, as promisee, is an action "arising out of a contract” of the municipality within the meaning of CPLR 9802 and, no notice of claim having been filed until four years after completion of the contract, is barred as to the municipality by that section. Nor may the action be maintained against the wrecking company-promisor by the property owner as a third-party beneficiary, the latter not being an intended…
2Cases cited22 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
17 more not listed; retrieve them via the Exa API.
3Cited by255 opinions
- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
- In Re McGraw-hill Global Educ. Holdings LLCCourt of Appeals for the Third Circuit · 2018
- Trans-Orient Marine Corporation v. Star Trading & Marine, Inc., and the Republic of the SudanCourt of Appeals for the Second Circuit · 1991
250 more not listed; retrieve them via the Exa API.