Summary
reversing Appellate Division's holding that plaintiffs had no common-law cause of action against the defendants; plaintiffs of subcontractor thereby permitted to assert third-party beneficiary rights under contract between general contractor and project owner, which required general contractor to pay "prevailing wages" and to impose same obligation on its subcontractor
Summary of this case from Cardona v. Maramont Corp.Opinion
Argued April 25, 1979
Decided May 29, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH G. FRITSCH, J.
Carl Shoolman for appellants.
David A. Stern for respondents.
Order reversed, with costs, and the order of Supreme Court, Monroe County, reinstated for reasons stated in the dissenting memorandum at the Appellate Division ( 72 A.D.2d 960-961).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.