(Download) "Fourth Ocean Putnam Corp. v. Interstate Wrecking Co." by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.
- Author : Court of Appeals of New York
- Release Date : January 15, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
[66 N.Y.2d 38 Page 39] Opinion OF THE COURT 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 beneficiary of the contract. The order of the Appellate Division dismissing the complaint in its entirety should, therefore, be affirmed, with costs.