Legal Opinion
Branch v. Riverside Park Community LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 22, 2010PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (James A. Yates, J.), entered July 15, 2009, which granted defendants-respondents’ motions to dismiss the combined complaint and petition seeking damages for breach of lease and for declaratory and injunctive relief, unanimously affirmed, without costs.
Plaintiffs failed to establish they qualified as third-party beneficiaries of the ground lease by showing the lease was intended for their benefit (see State of Cal. Pub. Employees’ Retirement Sys. v Shearman & Sterling, 95 NY2d 427, 434-435 [2000]). Accordingly, they lacked standing to challenge the…
2Cases cited6 opinions
- State of California Public Employees' Retirement System v. Shearman & SterlingNew York Court of Appeals · 2000
- Mendel v. Henry Phipps Plaza West, Inc.New York Court of Appeals · 2006
- Young v. Board of TrusteesNew York Court of Appeals · 1996
- Marcy Housing Tenants Ass'n v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Concerned Port Residents Committee v. Incorporated Village of Sands PointAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by4 opinions
- Independence Plaza North Tenants' Ass'n v. Independence Plaza AssociatesNew York Supreme Court · 2010
- Norris v. WalcottNew York Supreme Court · 2012
- Alfonso v. Trucar Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2024
- Matter of Coalition for Cobbs Hill v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2021