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PEREZ v. LONG IS. CONCRETE INC.

Index No. 654227/18. Appeal No. 15544. Case No. 2021-02501.

203 A.D.3d 552 (2022)

165 N.Y.S.3d 504

2022 NY Slip Op 01887

Johnny Perez et al., Respondents, v. Long Island Concrete Inc. et al., Appellants, et al., Defendant.

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

Decided March 17, 2022.

Attorney(s) appearing for the Case

Cermele & Wood LLP, White Plains (Benjamin M. Rattner of counsel), for Long Island Concrete Inc., Thomas J. Perno, TJM Construction Corp., ZHL Group Inc., The Guarantee Company of North America USA, Vigilant Insurance Company and The Ohio Casualty Company, appellants.

William A. Thomas, New York, for Regulator Construction Corp., appellant.

Arenson, Dittmar & Karban, New York (Avi Mermelstein of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

Plaintiffs sufficiently alleged a cause of action for breach of contract as third-party beneficiaries of public works contracts entered into by defendant Long Island Construction Corp. (LIC) (see Cox v NAP Constr. Co., Inc., 10 N.Y.3d 592, 601, 608 [2008]; see also Dabrowski v ABAX Inc., 64 A.D.3d 426, 427 [1st Dept 2009]). Plaintiffs alleged that they had worked on 12 construction projects...

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