Accordingly, it is this court's opinion that in all other instances, dismissal is not required. (BOP MW Residential Mkt. LLC v Fanyu Lin, 79 Misc 3d 311 [Civ Ct, NY County 2023].)
Footnote 5:See Mendel v Henry Phipps Plaza W., Inc., 6 NY3d 783, 786 (2006) ("Parties asserting third-party beneficiary rights under a contract must establish [1] the existence of a valid and binding contract between other parties, [2] that the contract was intended for [their] benefit and [3] that the benefit to [them] is sufficiently immediate, rather than incidental, to indicate the assumption by the contracting parties of a duty to compensate [them] if the benefit is lost" [citations and internal quotation marks omitted]).
Footnote 6:See Commissioner of the Dept. of Social Servs. of the City of N.Y. v New York-Presbyt. Hosp., 164 AD3d 93, 98 (1st Dept 2018) (third-party beneficiaries have the right to enforce intended for their benefit).
Footnote 7:The notice of ERAP approval states in relevant part, "SHOULD YOUR LEASE BE RENEWED WITHIN THE 12 MONTH PERIOD AFTER RECEIPT OF ERAP FUNDS, PLEASE BE ADVISED THAT THE RENT DUE WILL APPEAR AS THE RENT ON THE LEASE." (NYSCEF Doc No. 10 at 1, respondent's exhibit 1 [emphasis added].) Moreover, neither respondent nor petitioner has submitted an affidavit evincing an intention to enter into a binding lease agreement.