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WEST 63 EMPIRE ASSOCIATES, LLC v. WALKER & ZANGER, INC.

10449, 107101/10.

107 A.D.3d 586 (2013)

968 N.Y.S.2d 455

2013 NY Slip Op 4734

WEST 63 EMPIRE ASSOCIATES, LLC, Doing Business as the EMPIRE HOTEL, Appellant, v. WALKER & ZANGER, INC., Respondent.

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

Decided June 25, 2013.

Even assuming that plaintiff has standing to sue as an intended third-party beneficiary of a contract for the purchase of natural travertine tile, entered into between plaintiff's interior designer and defendant (see Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 N.Y.2d 38, 45 [1985]), the broad, express, and conspicuous disclaimer of all warranties set forth in the invoice memorializing the sale is fatal to plaintiff's...

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