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FOURTH OCEAN v. INTERSTATE

108 A.D.2d 3 (1985)

Fourth Ocean Putnam Corp., Respondent-Appellant, v. Interstate Wrecking Co., Inc., Appellant-Respondent, and Incorporated Village of Atlantic Beach, Respondent

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

April 8, 1985

Attorney(s) appearing for the Case

Joseph Winston (Stanley S. Getzoff of counsel), for appellant-respondent.

Jaspan, Ginsberg, Ehrlich, Reich & Levin (A. Thomas Levin of counsel), for respondent-appellant.

Rivkin, Leff, Sherman & Radler (Frank L. Amoroso of counsel), for respondent.

LAZER, J. P., BRACKEN and NIEHOFF, JJ., concur.

MANGANO, J.

The primary question to be resolved on these appeals is whether plaintiff, Fourth Ocean, was the third-party beneficiary of a demolition contract entered into between the defendant village and defendant Interstate. In our view, the question must be answered in the negative.

Prior to 1977, Fourth Ocean conducted a hotel and beach club on its property in the Village of Atlantic Beach. After it ceased

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