Legal Opinion
New York Pepsi-Cola Distributors Ass'n v. Pepsico, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1997PublishedCited by 4 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered July 2, 1996, dismissing the action for failure to state a cause of action, unanimously affirmed, with costs.
The IAS Court properly held that plaintiffs, independent wholesale distributors who purchase soft drinks for resale from an independent bottler not a party to this action, are not third-party beneficiaries of any contracts between the bottler and defendants, the bottler’s licensor, it being settled that a sublicensee is not a third-party beneficiary of a contract between a licensor and direct licensee (see, Artwear,…
2Cases cited6 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980
- Mandelblatt v. Devon Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Artwear, Inc. v. HughesAppellate Division of the Supreme Court of the State of New York · 1994
- Abbott v. Herzfeld & Rubin, P. C.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by4 opinions
- Thome v. Alexander & Louisa Calder FoundationAppellate Division of the Supreme Court of the State of New York · 2009
- Chappo & Co. v. Ion Geophysical Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Tarrant Apparel Group v. Camuto Consulting Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Spirit & Sanzone Distributors Co. v. DeCrescente Distributing Co.Appellate Division of the Supreme Court of the State of New York · 2001