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CDR CRÉANCES S.A. v. EURO-AMERICAN LODGING CORPORATION

40 A.D.3d 421 (2007)

837 N.Y.S.2d 609

CDR CRÉANCES S.A., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Appellant, v. EURO-AMERICAN LODGING CORPORATION et al., Respondents, et al., Intervenor-Defendant, et al., Defendants. (Action No. 1.) CDR CRÉANCES S.A., as Successor to SOCIÉTÉ DE BANQUE OCCIDENTALE, Respondent, v. EURO-AMERICAN LODGING CORPORATION, Appellant. (Action No. 2.)

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

Decided May 22, 2007.

In the action for breach of a pledge agreement and related torts, the motion court properly dismissed the contract claim against defendants who were not parties to the agreement (see Seaver v Ransom, 224 N.Y. 233, 237 [1918]), and properly rejected the contention that said nonsignatory defendants were bound because the agreement stated that it was binding on the pledgors' heirs and assigns; the agreement plainly meant heirs...

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