AMERICAN CASUALTY CO. OF READING, PA. v. MOTIVATED SECURITY SERVS., INC.

3293, 157562/14.

148 A.D.3d 521 (2017)

2017 NY Slip Op 01970

48 N.Y.S.3d 591

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, et al., Respondents, v. MOTIVATED SECURITY SERVICES, INC., Appellant.

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

Decided March 16, 2017.


Although, in support of its motion to dismiss, defendant demonstrated that plaintiff SBF is not an intended third-party beneficiary of defendant's security contract with a nonparty (see generally Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 N.Y.2d 38, 43-45 [1985]; see also Bernal v Pinkerton's, Inc., 52 A.D.2d 760 [1st Dept 1976], affd 41 N.Y.2d 938

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