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LEONARD v. KANNER

248 A.D.2d 260 (1998)

670 N.Y.S.2d 433

David Leonard, Respondent, v. Joseph Kanner et al., Defendants, and Dime Savings Bank of New York, Appellant

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

March 19, 1998

That part of plaintiff's motion seeking to add a cause of action for breach of contract, based upon his claim that The Dime breached its contract of sale with him by failing to terminate the existing proprietary lease on the apartment at issue, should have been denied. Plaintiff was a party to the sale agreement only and was neither a party to nor an intended third-party beneficiary of the existing proprietary lease. Thus, he was...

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