Opinion
Argued November 4, 1999
December 13, 1999
In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Posner, J.), dated September 10, 1998, as denied his motion pursuant to CPLR 3211 to dismiss the cause of action asserted by the plaintiff Derek Silvers to recover damages for breach of contract.
Ernest Codelia, P.C., Bronx, N.Y. (Peter Shipman of counsel), for appellant.
S. Jean Smith, Brooklyn, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The language of the separation agreement dated May 26, 198 1, could reasonably be construed to have created a direct benefit for the plaintiff Derek Silvers (see, Fourth Ocean Putnam Corp. v. Interstate Wrecking Co., 66 N.Y.2d 38, 44 ; Goodman-Marks Assoc. v. Westbury Post Assoc., 70 A.D.2d 145 ). Therefore, in the absence of extrinsic evidence, it may reasonably be inferred that Derek was an intended third-party beneficiary of the agreement.
BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.