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ROME SAV. BANK v. B.W. HUSTED & SON, INC.

171 A.D.2d 1048 (1991)

Rome Savings Bank, Appellant, v. B.W. Husted and Son, Inc., Respondent, and Senpike Mall Company, Intervenor-Respondent

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

March 8, 1991

Order unanimously modified on the law and as modified affirmed with costs to defendants, in accordance with the following Memorandum: Defendant Husted granted plaintiff a right of first refusal to purchase an .11 acre parcel. Subsequently, defendant Senpike offered to purchase a 1.6 acre parcel that included the .11 acre parcel. The offer provided for payment of a $350,000 purchase price, but did not allocate a portion of that price to the .11 acre parcel to which plaintiff...

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