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SIMADIRIS v. HOTEL WALDORF ASTORIA CORP.

281 A.D. 462 (1953)

Elias Simadiris, Suing on Behalf of Himself and All Other Banquet Waiters in the Employ of Hotel Waldorf Astoria Corporation, Similarly Situated, Appellant, v. Hotel Waldorf Astoria Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1953.

Attorney(s) appearing for the Case

Vito Marcantonio of counsel (David M. Freedman and Abraham Unger with him on the brief; Vito Marcantonio, attorney), for appellant.

Simon H. Rifkind of counsel (Jay H. Topkis with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for respondent.

CALLAHAN, VAN VOORHIS and BREITEL, JJ., concur in Per Curiam opinion; COHN, J. P., dissents and votes to affirm, in opinion.

Per Curiam.

On a previous appeal herein (281 App. Div. 665, 666) this court said: "The present action is brought on behalf of employees to enforce rights as third-party beneficiaries of contracts between the defendant and patrons or guests of its hotel."

The mere circumstance that the contract alleged in the complaint is one for the benefit of third persons does not, in this State, render the action equitable...

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