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SALM v. SAMMITO

111 A.D.2d 844 (1985)

Edith Salm, Appellant, v. Edward A. Sammito, Respondent, et al., Defendants

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

June 17, 1985

Order modified, on the law, by adding thereto that, upon searching the record, summary judgment is granted to defendant Sammito. As so modified, order affirmed, with costs to defendant Sammito.

Since plaintiff's contract with defendant Sammito was subject to a lease containing a right of first refusal at the same price and on the same terms, the tenant's exercise of that right by execution of an identical contract made plaintiff...

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