The proposed claim against U.S. Security (negligence) fails to state a cause of action. U.S. Security, a security company hired by defendant KMart, owed no duty to plaintiff, a KMart customer who was injured in a fight with a KMart employee inside a KMart store. Plaintiff was not an intended third-party beneficiary of the contract between KMart and U.S. Security, which contains a "No Third Party Beneficiaries" clause (see e.g. Aiello v Burns Intl. Sec. Servs. Corp.,
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SANTIAGO v. KMART CORP.
5840. 20823/14E. 43236/15E. 43224/16E.
158 A.D.3d 596 (2018)
71 N.Y.S.3d 469
2018 NY Slip Op 01296
ABEL SANTIAGO, Respondent, v. KMART CORPORATION et al., Defendants. KMART CORPORATION, Third-Party Plaintiff, v. U.S. SECURITY ASSOCIATES AVIATION SERVICES INC., Doing Business as U.S. SECURITY ASSOCIATES, INC., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided February 27, 2018.
Decided February 27, 2018.
Appellate Division of the Supreme Court of New York, First Department.
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