HARTZLER v. WESTAIR, INC.


55 A.D.2d 905 (1977)

Melvin E. Hartzler, Appellant, v. Westair, Inc., Respondent. (Action No. 1) (And Another Action.)

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

January 17, 1977


Appeal from the decision dismissed. No appeal lies from a decision. Interlocutory judgment affirmed.

Defendant is awarded one bill of $50 costs and disbursements to cover both appeals. The tenant agreement between the parties is nothing more than a licensing agreement. Under the terms of that agreement, and by its common-law right as a licensor, Westair could cancel the said agreement at will and without cause (see Lordi v County of Nassau, 20 A.D.2d 658). Plaintiff has no third-party beneficiary rights, as any benefit derived by him from the concession and subconcession agreements was only an incidental benefit, not a primary one. Defendant gave no indication of an intent to assume the duty of reparation to a member of the public for the loss of any benefit incidental to the public (see Moch Co. v Rensselaer Water Co., 247 N.Y. 160).


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