TANTLEFF v. TRUSCELLI


110 A.D.2d 240 (1985)

Julius Tantleff et al., Respondents, v. Anthony Truscelli et al., Appellants

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

September 30, 1985


Attorney(s) appearing for the Case

Philip J. Fitzpatrick, P. C., for appellants.

Jacobi, D'Alessandro, Jacobi & Sieghardt, P. C. (Robert N. Glazer of counsel), for respondents.

BROWN, WEINSTEIN and NIEHOFF, JJ., concur.


GIBBONS, J. P.

The question raised on this appeal is which of two purchase options set forth in a lease is to be given precedence where a tenant seeks to invoke his right to purchase the premises for a fixed price after the landlord has given him notice of a bona fide third-party offer in conformity with the tenant's contractual right of first refusal. Under the circumstances of this case, we believe that the right-of-first-refusal option must...

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