34TH & 7TH AVE., L. L. C. v. 152 W. 34TH STREET, INC.


269 A.D.2d 153 (2000)

701 N.Y.S.2d 903

34TH & 7TH AVE., L. L. C., Appellant, v. 152 W. 34TH STREET, INC., as Subsidiary of PRINCE MARKETING AND MANAGEMENT GROUP, LTD., Respondent.

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

Decided February 3, 2000.


The motion court correctly found that the holder of the right of first refusal had exercised its refusal right in timely manner, and that, although the terms of the sale to such holder were not identical to those contained in the subject contract, specific performance was not warranted where the total substantive value of the holder's offer was at least equivalent, if not better, than what defendant would have received from plaintiff (cf., Salm v Sammito,

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