C&D FOOD ENTERPRISES, INC. v. FUDOLI


305 A.D.2d 1093 (2003)

759 N.Y.S.2d 425

C&D FOOD ENTERPRISES, INC., Appellant, v. MADELINE FUDOLI, Respondent.

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

Decided May 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied, the complaint is reinstated and the motion is granted in accordance with the following memorandum: Plaintiff is the lessee of a convenience store under a lease with defendant granting plaintiff a right of first refusal to purchase the property that included the leased premises. Defendant entered into a contract to sell that...

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