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DILEK v. ROZENHOLC

7698. 652956/11.

167 A.D.3d 437 (2018)

90 N.Y.S.3d 37

2018 NY Slip Op 08349

Emel Dilek et al., Appellants, v. David Rozenholc et al., Respondents. (And a Third-Party Action.)

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

Decided December 6, 2018.

Plaintiff Dilek was neither a signatory nor an intended third-party beneficiary of the 2009 agreement, and therefore lacks standing to sue for breach of that contract. On plaintiff Russo's prior appeal, we found that the estate of Ronald Pecunies "stepped into decedent's shoes" for purposes of Russo's breach of contract claim (Russo v Rozenholc, 130 A.D.3d 492, 496 [1st Dept 2015]). Russo — the estate's representative —...

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