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CDC NASSAU ASSOCS. v. FATOULLAH

182 A.D.2d 420 (1992)

CDC Nassau Associates, Plaintiff, and Mark Scharfman et al., Appellants, v. Ellice Fatoullah et al., Individually and Doing Business as Nassann Realty Company, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 1992

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)....

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