CHRISTOFF v. A.E. PETROSSI, INC

Order unanimously affirmed, with $25 costs and disbursements. Memorandum: The cause of action alleged in the complaint is one for breach of a contractual duty, independent of any negligence. Plaintiff claims to be a third-party beneficiary to this contract and a sufficient cause of action is stated in the complaint. ( Wilson v. Costich Co., 231 App. Div. 346; Coley v. Cohen, 289 N.Y. 365.) The six-year Statute of Limitations applies. ( Blessington v. McCrory Stores Corp., 305 N.Y. 140.)