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PORT CHESTER ELEC. CONSTR. CORP. v. ATLAS

47 A.D.2d 849 (1975)

Port Chester Electrical Construction Corp., Respondent, v. Edythe Atlas et al., as Executors of Sol G. Atlas, Deceased, et al., Appellants; Essex Construction Corp. et al., Defendants

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

March 24, 1975

Judgment affirmed insofar as appealed from, with costs.

Generally, we agree with the reasoning in the learned opinion of Mr. Justice Fanelli at Trial Term, including inter alia, his conclusion that plaintiff is a third-party creditor beneficiary of the contract between the owner, Essex Green, Inc., and the general contractor, Essex Construction Corp. In addition, however, we note that the arbitration award, which was made in June, 1966 and which formed the...

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