Opinion
April 7, 1992
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
We agree with the IAS court that the parties to the Settlement Agreement did not intend to benefit MS Nassau either before or after the exercise of the option(s) set forth therein (see, Braten v Bankers Trust Co., 60 N.Y.2d 155, 163-164; 981 Third Ave. Corp. v Beltramini, 108 A.D.2d 667, affd in part and dismissed in part 67 N.Y.2d 739). However, the assignment of CDC Nassau's leasehold interest in the premises to MS Nassau created independent rights and obligations as between the latter and defendants in their new relationship of landlord and tenant. While a determination of the proposed causes of action relating to rent and defendants' right to terminate MS Nassau's leasehold may depend upon defendants' status as owner and landlord of the leased premises vis-a-vis CDC Nassau, such causes of action are not dependent upon any third party beneficiary status, and should not have been dismissed on that basis.
Concur — Carro, J.P., Wallach, Asch and Smith, JJ.