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  5. 24 N.Y.2d 724 (1969)
 

SCALES-DOUWES CORP. v. PAULAURA CORP.

24 N.Y.2d 724 (1969)

Scales-Douwes Corporation, Appellant, v. Paulaura Realty Corp. et al., Defendants, and Continental Casualty Company, Defendant and Third-Party Plaintiff-Respondent. Norman Rappaport et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided May 28, 1969.

Attorney(s) appearing for the Case

David W. Silverman and Joseph F. X. Nowicki for appellant.

Donald B. Knight for third-party plaintiff-respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and JASEN concur; Judge BREITEL concurs in result only.

Per Curiam.

The Appellate Division held that plaintiff as a lienor for materials and labor furnished for the improvement of privately owned real property has no direct cause of action against the bonding company under a performance bond issued pursuant to a contract with the private owner of the improved land in which a town, to which the land was later transferred, was the obligee.

The bonding company undertook...

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