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NEW YORK PEPSI-COLA DISTRIBS. ASS'N, INC. v. PEPSICO, INC.

240 A.D.2d 315 (1997)

659 N.Y.S.2d 441

New York Pepsi-Cola Distributors Association, Inc., et al., Appellants, v. Pepsico, Inc., et al., Respondents

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

June 24, 1997

The IAS Court properly held that plaintiffs, independent wholesale distributors who purchase soft drinks for resale from an independent bottler not a party to this action, are not third-party beneficiaries of any contracts between the bottler and defendants, the bottler's licensor, it being settled that a sublicensee is not a third-party beneficiary of a contract between a licensor and direct licensee (see, Artwear, Inc. v Hughes, 202 A.D.2d...

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