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EUROPEAN AMERICAN BANK v. SUPERIOR AUTO SALES, INC.

266 A.D.2d 69 (1999)

698 N.Y.S.2d 630

EUROPEAN AMERICAN BANK, Respondent-Appellant, v. SUPERIOR AUTO SALES, INC., Appellant-Respondent.

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

Decided November 16, 1999.

Plaintiff's assignor was a third-party beneficiary of defendant's contract with the Canadian exporter to deliver cars to plaintiff's assignor, and, accordingly, plaintiff has a cause of action for breach of warranty even though there was no buyerseller relationship between defendant and plaintiff's assignor (see, Dormitory Auth. v Baker, 218 A.D.2d 515). In addition, even assuming that defendant could prove that plaintiff's assignor...

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