Categories: Court of Appeals Opinions

NIEVES v. HOLMES PROTECTION, INC., 56 N.Y.2d 914 (1982)

438 N.E.2d 1145, 453 N.Y.S.2d 430

RONALD NIEVES, Appellant, v. HOLMES PROTECTION, INC., Respondent.

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.

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