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BRANCH v. RIVERSIDE PARK COMMUNITY LLC

3097, 402560/08.

74 A.D.3d 634 (2010)

903 N.Y.S.2d 390

MILDRED BRANCH et al., Appellants, v. RIVERSIDE PARK COMMUNITY LLC et al., Respondents.

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

Decided June 22, 2010.

Plaintiffs failed to establish they qualified as third-party beneficiaries of the ground lease by showing the lease was intended for their benefit (see State of Cal. Pub. Employees' Retirement Sys. v Shearman & Sterling, 95 N.Y.2d 427, 434-435 [2000]). Accordingly, they lacked standing to challenge the amendment to the ground lease deleting the requirement that the building was...

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