COMJET AVIATION MANAGEMENT LLC v. AVIATION INVESTORS HOLDINGS LTD.


303 A.D.2d 272 (2003)

758 N.Y.S.2d 607

COMJET AVIATION MANAGEMENT LLC, Appellant, v. AVIATION INVESTORS HOLDINGS LTD. et al., Respondents.

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

Decided March 20, 2003.


Plaintiff concedes that there is no jurisdictional basis for this action unless it can enforce the forum selection clauses of certain loan or pledge agreements. Although plaintiff is not a party to those agreements, it claims it may enforce them as a third-party beneficiary. Plaintiff, however, is, at most, an incidental beneficiary of those agreements (see Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 N.Y.2d 38, 43-46...

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