Legal Opinion

Aymes v. Gateway Demolition Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 8, 2006PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered on or about May 9, 2005, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff, a nonparty to the contract, lacked standing to bring this action. To the extent he asserts a contract claim, neither he nor his assignor (the previous owner of the property) was a third-party beneficiary of the contracts between defendant demolition companies and the City of New York (see Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 NY2d 38 [1985]). The contracts do not contain…

2Cases cited7 opinions

  1. Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985
  2. Wiener v. Lazard Freres & Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Lasalle National Bank v. Ernst & Young L. L. P.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905
  5. Pensee Associates, Ltd. v. Quon Industries, Ltd.Appellate Division of the Supreme Court of the State of New York · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. IMS Engineers-Architects, P.C. v. StateAppellate Division of the Supreme Court of the State of New York · 2008
  2. Bristol Village, Inc. v. Louisiana-Pacific Corp.District Court, W.D. New York · 2013
  3. Estate of Kraft v. KraftAppellate Division of the Supreme Court of the State of New York · 2023
  4. Kings Choice Neckwear, Inc. v. DHL Airways, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Simmons v. Berkshire Equity, LLCAppellate Division of the Supreme Court of the State of New York · 2017

5 more not listed; retrieve them via the Exa API.

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