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L. ROSENMAN CORP. v. DORMITORY AUTH. OF THE STATE OF NEW YORK

38 A.D.2d 809 (1972)

L. Rosenman Corporation, Appellant, v. Dormitory Authority of the State of New York, Respondent Dormitory Authority of the State New York, Third-Party Plaintiff-Appellant-Respondent, v. V. B. Construction Co., Inc., et al., Third-Party Defendants-Respondents-Appellants V. B. Construction Co., Inc., Fourth-Party Plaintiff-Respondent-Appellant, v. New Amsterdam Casualty Company et al., Fourth-Party Defendants-Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 1972

Plaintiff-appellant shall recover of fourth-party plaintiff-respondent-appellant $50 costs and disbursements of this appeal. We find nothing in the contract between plaintiff and Dormitory to support V. B.'s claim that it is a third-party beneficiary thereof; and since V. B.'s counterclaim against Dormitory is barred by the release contained in the stipulation of January 18, 1965 (thereby also requiring the dismissal of Dormitory's counterclaim against plaintiff for indemnification...

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