General
Joseph J. Askin, as Administrator of the Estate of Roy J. Askin, Deceased, Appellant, v. Record Concrete Cutting Corp. et al., Defendants, and J. D. Posillico, Inc., Respondent
47 A.D.2d 742·New York Supreme Court, Appellate Division·1975·NY
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Opinion
Joseph J. Askin, as Administrator of the Estate of Roy J. Askin, Deceased, Appellant, v. Record Concrete Cutting Corp. et al., Defendants, and J. D. Posillico, Inc., Respondent.
[MAJORITY]
Two orders of the Supreme Court, Nassau County, dated April. 24, 1974 and June 21, 1974, respectively, affirmed, with one bill of $20 costs and disbursements. No opinion. Cohalan, Acting P. J., Brennan and Munder, JJ., concur; Shapiro, J.) concurs in the affirmance. of the orders but, in addition thereto, votes to add théreto a provision that the affirmance is without prejudice to plaintiff’s moving at Special Term, if he be so advised, for leave to amend the complaint so as to plead a cause of action based upon the doctrine of third-party beneficiary (Lawrence v. Fox, 20 N. Y. 268; Seav'er v. Hanson, 224 N. T. 233). "