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P is an agent certified by the National Basketball Players Association (NBPA), the players' union. The certification agreement incorporates by reference the union's regulations. In September 2017, P agreed to represent Mitchell Robinson, then a potential NBA draftee. Three months before the draft, Robinson terminated his agreement with P, allegedly because Ds promised to buy Robinson a new Chevrolet Silverado pickup truck if he switched to Ds' agency. Ds are a certified player agent with the NBPA and the president and CEO of co-defendants IAM Sports and IAM. P alleges that in offering that inducement, Ds violated the NBPA regulations. There is no doubt that a $34,464.50 Chevrolet Silverado 1500 was purchased by Ds for Robinson. In the 2018 draft, the New York Knicks drafted Robinson in the second round. Robinson signed a four-year contract with the Knicks. His yearly base salary was well over one million dollars. Since 2018, Robinson has played center for the Knicks. P seeks to recover damages for that alleged violation under a number of different theories, one of which was that P was a third party beneficiary of Ds’ certification agreement with the NBPA. Ds moved to dismiss the complaint for failure to state a claim. For the reasons that follow, the Court grants the motion to dismiss.

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