Order unanimously affirmed, with $25 costs and disbursements.
Memorandum:
The cause of action alleged in the complaint is one for breach of a contractual duty, independent of any negligence. Plaintiff claims to be a third-party beneficiary to this contract and a sufficient cause of action is stated in the complaint. (Wilson v. Costich Co., 231 App. Div. 346; Coley v. Cohen, 289 N.Y. 365.) The six-year Statute of Limitations applies. (Blessington...
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