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Mendel v. Henry Phipps Plaza West, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2005
16 A.D.3d 112 (N.Y. App. Div. 2005)

Opinion

5366.

March 1, 2005.

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about June 3, 2004, which, inter alia, granted defendants' motion seeking the dismissal of plaintiffs' first four causes of action, based on the subject land disposition agreement, for lack of standing, unanimously affirmed, without costs. Defendants' cross appeal from so much of the same order as is said to offer an impermissible advisory opinion as to the duration of defendants' Mitchell-Lama obligation under the land disposition agreement, unanimously dismissed, without costs, as both academic and moot.

Before: Tom, J.P., Mazzarelli, Marlow, Nardelli and Catterson, JJ.


Inasmuch as plaintiffs were not parties to the land disposition agreement, and the agreement contained a provision expressly negating any intent to permit its enforcement by third parties, plaintiffs were without standing to prosecute their causes seeking relief under the agreement ( see Nepco Forged Prods., Inc. v. Consolidated Edison Co. of N.Y., 99 AD2d 508; cf. Concerned Cooper Gramercy Tenants' Assn. v. New York City Educ. Constr. Fund, 13 AD3d 61).

We have considered plaintiffs' remaining contentions and find them unavailing.


Summaries of

Mendel v. Henry Phipps Plaza West, Inc.

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2005
16 A.D.3d 112 (N.Y. App. Div. 2005)
Case details for

Mendel v. Henry Phipps Plaza West, Inc.

Case Details

Full title:SYLVIA MENDEL et al., Appellants-Respondents, v. HENRY PHIPPS PLAZA WEST…

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

Date published: Mar 1, 2005

Citations

16 A.D.3d 112 (N.Y. App. Div. 2005)
789 N.Y.S.2d 885

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