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Mount Sinai Hospital v. Enrique Loutsch

119 Misc.2d 427 (1983)

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Mount Sinai Hospital v. Enrique Loutsch

New York City Civil Court
119 Misc.2d 427 (1983)

RW

Facts

Mount Sinai Hospital (hospital) (plaintiff) owned an apartment building that housed both hospital-affiliated and unaffiliated tenants. In order to make more room for hospital-affiliated tenants, the hospital petitioned the New York City Civil Court for an order to evict the unaffiliated tenants. The unaffiliated tenants claimed to be third-party beneficiaries of an agreement between the hospital and the federal Department of Housing and Urban Development (HUD). One of the HUD agreement’s provisions required HUD to review and sign off on any change in the apartment building’s intended use. The hospital characterized the unaffiliated tenants as incidental beneficiaries with no right to enforce the HUD agreement.

Rule of Law

Issue

Holding and Reasoning (Saxe, J.)

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