OASIS SPORTSWEAR, INC., PLAINTIFF, v. PATRICIA REGO def

9373. OASIS SPORTSWEAR, INC., PLAINTIFF, v. PATRICIA REGO def — [AND A THIRD-PARTY ACTION] PATRICIA REGO Third-Party plf-ap, v. CBIZ MAHONEY COHEN, INC., ETC. Third-Party def-res — Kevin T. Mulhearn, Orangeburg, for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (William J. Kelly of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about January 24, 2012, which, to the extent appealed from as limited by the briefs, granted third-party defendants' motion for summary judgment dismissing thirdparty plaintiffs' breach of contract cause of action, unanimously affirmed, with costs.

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9373. OASIS SPORTSWEAR, INC., PLAINTIFF, v. PATRICIA REGO def — [AND A THIRD-PARTY ACTION] PATRICIA REGO Third-Party plf-ap, v. CBIZ MAHONEY COHEN, INC., ETC. Third-Party def-res — Kevin T. Mulhearn, Orangeburg, for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (William J. Kelly of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about January 24, 2012, which, to the extent appealed from as limited by the briefs, granted third-party defendants’ motion for summary judgment dismissing thirdparty plaintiffs’ breach of contract cause of action, unanimously affirmed, with costs.

The court correctly dismissed the breach of contract claim as duplicative of the time-barred negligence claim, which was essentially a professional malpractice claim (see LaSalle Natl. Bank v. Ernst & Young, 285 AD2d 101, 109 [1st Dept 2001]). Third-party plaintiffs failed to allege facts sufficient to show that the accounting contract entered into between plaintiff Oasis and third-party defendant CBIZ was intended to benefit third-party plaintiffs (LaSalle, 285 AD2d at 108-109 [1st Dept 2001]). Accordingly, third-party plaintiffs failed to allege third-party beneficiary status (see Mendel v. Henry Phipps Plaza W., Inc., 6 NY3d 783, 786 [2006]). Nor did they allege any promises or assurances made to them by CBIZ.

OASIS SPORTSWEAR, INC., PLAINTIFF, v. PATRICIA REGO def

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