438 N.E.2d 1145, 453 N.Y.S.2d 430
Court of Appeals of the State of New York.
Decided June 15, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DOROTHY E. KENT, J.
Page 915
Edwin Kaufman for appellant.
Stephen A. Weingrad for respondent.
Page 916
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. We agree that plaintiff was not a third-party beneficiary of the agreement between C.G.M. Check Cashing Corporation and Holmes Protection, Inc., for provision of a burglar alarm system. Nor can it be said as a matter of law that negligence, if any, on defendant’s part was the proximate cause of the injuries suffered.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.