September 16, 2021

The issue of standing in a contracts action.

The plaintiff lacks standing to assert the claim for an alleged breach, as, on the date of the closing, it assigned its rights in and to the purchase agreement to a nonparty. Therefore, the plaintiff is no longer the real party in interest. However, contrary to the defendant's contention, the plaintiff had standing to assert the remaining causes of action, as it only assigned its rights in the purchase agreement.

298 Humboldt, LLC v. Torres, NY Slip Op 04899 (2d Dep't September 1, 2021)

Here is the decision.