152 OPERATING, L. L. C. v. PRINCE MARKETING AND MANAGEMENT GROUP, LTD.


268 A.D.2d 308 (2000)

702 N.Y.S.2d 28

152 OPERATING, L. L. C., Respondent-Appellant, v. PRINCE MARKETING AND MANAGEMENT GROUP, LTD., et al., Defendants, and 34TH & 7TH AVE., L. L. C., Intervenor-Appellant-Respondent. (And Another Action.)

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

Decided January 18, 2000.


Any error committed in not granting the motion to intervene was rendered nonprejudicial by the leave given proposed intervenor to commence a separate action against the seller claiming, as the seller initially did in this action, that plaintiff forfeited its right of first refusal because it did not properly exercise it. Similarly, any error committed in canceling proposed intervenor's notice of pendency has been rendered nonprejudicial by the preliminary injunction granted...

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