M. PALADINO, INC. v. J. LUCCHESE & SON CONTRACTING CORP.


247 A.D.2d 515 (1998)

669 N.Y.S.2d 318

M. Paladino, Inc., Respondent, v. J. Lucchese & Son Contracting Corp. et al., Defendants, and Bryant Park Restoration Corporation, Appellant

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

February 17, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint insofar as asserted against the appellant is granted, and the action against the remaining defendants is severed.

The plaintiff may not maintain a cause of action for breach of contract against the appellant Bryant Park Restoration Corporation since it had no contractual relationship with the appellant, and was not in privity...

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