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CONCERNED COOPER GRAMERCY TENANTS' ASSOCIATION v. NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND

13 A.D.3d 61 (2004)

784 N.Y.S.2d 872

CONCERNED COOPER GRAMERCY TENANTS' ASSOCIATION, by DANIEL PETRUCELLI, as President, et al., Appellants, v. NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND et al., Respondents.

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

December 2, 2004.

Contrary to the motion court's holding, plaintiff tenants do possess standing as third-party beneficiaries (see Burns Jackson Miller Summit & Spitzer v Lindner, 59 N.Y.2d 314, 336 [1983]) of the subject ground lease to challenge ground lessee 401's proposed withdrawal of the leased premises, known as Cooper Gramercy, from the Mitchell-Lama program (cf. Concerned Cooper Gramercy Tenants' Assn. v New York City Educ. Constr....

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