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LA CRUZ v. CADDELL DRY DOCK. & REPAIR CO. INC.

56 A.D.3d 365 (2008)

MANUEL DE LA CRUZ et al., Respondents, v. CADDELL DRY DOCK & REPAIR CO., INC., et al., Appellants.

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

Decided November 20, 2008.

Although plaintiff employees may be third-party beneficiaries of the contracts between defendant employer and the City (see 22 A.D.3d 404, 405 [2005]), and, as such, bound by the terms of those contracts, the New York County forum selection clauses contained in the contracts simply do not apply to this action because, by their express terms, the clauses apply only to "claims asserted by or against the City" (see Milnor Constr...

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