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NEW STADIUM LLC v. GREENPOINT-GOLDMAN CORP.

44 A.D.3d 449 (2007)

843 N.Y.S.2d 290

NEW STADIUM LLC, Appellant, v. GREENPOINT-GOLDMAN CORP., Respondent.

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

Decided October 16, 2007.

The court properly dismissed the third and fourth causes of action for breach of contract and specific performance, inasmuch as plaintiff failed to establish that it was an intended, rather than an incidental, beneficiary under the lease whose provisions it sought to enforce (see Alicea v City of New York, 145 A.D.2d 315 [1988]). With respect to the first cause of action, plaintiff adequately...

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