SARGENT v. HALSEY


42 A.D.2d 375 (1973)

George K. Sargent et al., Respondents, v. Kenneth H. Halsey et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 1973.


Attorney(s) appearing for the Case

Edwards & Duggan (Leonard I. Ackerman and William H. Duggan, Jr., of counsel), for appellants.

Matthews & Ostrander (Philip B. Matthews of counsel), for respondents.

HOPKINS, Acting P. J., LATHAM, SHAPIRO and BENJAMIN, JJ., concur.


GULOTTA, J.

In this action for specific performance the defendants appeal from a judgment which ordered that they perform all of the terms and conditions of a contract of sale of real property. The principal issue is whether the plaintiffs' failure to exercise a right of first refusal upon part of the optioned parcel of real property terminated such right as to the remainder of the parcel.

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