Opinion
October 14, 1980
In an action, inter alia, on a construction contract, plaintiff appeals from an order of the Supreme Court, Westchester County, entered December 11, 1979, which granted defendant Bellino Construction Co., Inc.'s motion to dismiss the fourth cause of action in the supplemental complaint for failure to state a cause of action. Order affirmed, with $50 costs and disbursements. As a matter of law, plaintiff could not be considered a third-party beneficiary of the indemnification agreement entered into between defendant-respondent, Bellino Construction Co., Inc., and defendant Hillcroft Construction Corp. (cf. Spartan Concrete Corp. v. Harbour Val. Homes, 71 A.D.2d 950, 951; Goodman-Marks Assoc. v. Westbury Post Assoc., 70 A.D.2d 145). Damiani, J.P., Gulotta, Martuscello and O'Connor, JJ., concur.