75 FIRST AVE. CLUB LLC v. UNITED GLASS SYS. CORP.

Index No. 652658/22, Appeal No. 1434, Case No. 2023-03185.

2024 NY Slip Op 00161

75 FIRST AVENUE CLUB LLC, Plaintiff-Respondent, v. UNITED GLASS SYSTEMS CORP. ET AL., Defendants, SAFTI FIRST, Defendant-Appellant.

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

Decided January 16, 2024.


Attorney(s) appearing for the Case

Levitt LLP, Mineola ( Trevor M. Gomberg of counsel), for appellant.

Cozen O'Connor, New York ( Vincent P. Pozzuto of counsel), for respondent.

Before: Moulton, J.P., Kapnick, Scarpulla, Higgitt, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 31, 2023, which, to the extent appealed as limited by the briefs, denied defendant Safti First's (Safti) motion to dismiss pursuant to CPLR 3211(a)(7) the breach of express warranty, breach of implied warranty, and breach of implied contract claims, unanimously reversed, on the law, without costs, and the motion granted.

A third party may sue to enforce its rights on a contract made for its benefit...

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