MIGLIORE v. RICCIARDI


254 A.D.2d 29 (1998)

678 N.Y.S.2d 19

Neil Migliore, as Executor of Edward Migliore, Deceased, Appellant, v. Ralph E. Ricciardi, Jr., et al., Respondents

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

October 1, 1998


Although defendant Yarka Ricciardi was not a party to the subject contract or in privity with either party to the contract, she still has a sufficiently viable claim of entitlement thereunder, as a third-party beneficiary, to avoid summary dismissal of her counterclaims premised upon the contract. Evidence circumstantially reflecting the intention of plaintiff's decedent to act in Ms. Ricciardi's interests (see, e.g., Town of Moriah v Cole-Layer-Trumble Co....

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