CASTIGLIA v. FRANCHISE REALTY INTERSTATE CORP.


107 A.D.2d 1025 (1985)

Anthony L. Castiglia, Doing Business as Empire Developers, Respondent, v. Franchise Realty Interstate Corporation, Appellant and Third-Party Plaintiff. James Broadcasting Company, Inc., Third-Party Defendant-Respondent

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

January 29, 1985


Order unanimously affirmed, with costs to respondent Castiglia.

Memorandum:

Special Term properly denied the motion by defendant (third-party plaintiff) for summary judgment dismissing the complaint against it. We reject defendant's argument that its contract with third-party defendant, to which plaintiff was not a party, operated to alter its obligations to plaintiff under a separate contract. Defendant cannot avoid its obligations to plaintiff by assigning...

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