MATTER OF EXTRACT v. RESIDENTIAL BOARD OF BEAUMONT CONDOMINIUM


261 A.D.2d 130 (1999)

689 N.Y.S.2d 472

In the Matter of NORMAN S. EXTRACT, Respondent, v. RESIDENTIAL BOARD OF BEAUMONT CONDOMINIUM, Appellant, et al., Respondent.

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

Decided May 4, 1999.


We agree with the IAS Court that respondent's July 2, 1998 letter to petitioner was not a request for "further information with respect to the Outside Offeror and the Sale or Lease Agreement", as authorized by respondent's by-laws, but an imposition of conditions upon the proposed sale not authorized by the by-laws, and not made in good faith. Since such "request" was not authorized, respondent cannot argue that the time to exercise its right of first refusal never began...

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