Concerned Cooper Gramercy Tenants' Ass'n v. New York City Educational Construction Fund

*62Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered June 20, 2003, granting the CPLR 3211 (a) motion of defendant Number 401 Second Avenue, Inc. (401) to dismiss the complaint, unanimously affirmed, without costs.

Contrary to the motion court’s holding, plaintiff tenants do possess standing as third-party beneficiaries (see Burns Jackson Miller Summit & Spitzer v Lindner, 59 NY2d 314, 336 [1983]) of the subject ground lease to challenge ground lessee 401’s proposed withdrawal of the leased premises, known as Cooper Gramercy, from the Mitchell-Lama program (cf. Concerned…