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TARRANT APPAREL GROUP v. CAMUTO CONSULTING GROUP, INC.

40 A.D.3d 556 (2007)

838 N.Y.S.2d 498

TARRANT APPAREL GROUP, Respondent, v. CAMUTO CONSULTING GROUP, INC., et al., Defendants, and WITH YOU, INC., et al., Appellants.

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

Decided May 31, 2007.

Performance rendered directly to plaintiff would indicate that plaintiff is a third-party beneficiary (see e.g. Internationale Nederlanden [U.S.] Capital Corp. v Bankers Trust Co., 261 A.D.2d 117, 123 [1999]). Drawing all inferences in plaintiff's favor, as one must on a motion to dismiss under CPLR 3211 (a) (7), Simpson's obligation under section 6.6 of the Master License Agreement to...

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