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CIPRIANO v. GLEN COVE LODGE

1 N.Y.3d 53 (2003)

801 N.E.2d 388

769 N.Y.S.2d 168

MICHAEL CIPRIANO, Appellant-Respondent, v. GLEN COVE LODGE #1458, B.P.O.E., et al., Respondents, and GASPER BUFFA, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided October 28, 2003.

Attorney(s) appearing for the Case

Sordi & Sordi, LLP, Glen Cove (Michael Sordi of counsel), for appellant-respondent.

Vincent P. Taranto, P.C., Glen Cove (Vincent P. Taranto of counsel), for respondent-appellant.

Ryan, Brennan & Donnelly LLP, Floral Park (John M. Donnelly of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO and READ concur.

OPINION OF THE COURT

ROSENBLATT, J.

In this real property case, we are called upon to adjudicate the rights and remedies of the three parties before us: the holder of a right of first refusal, the buyer of the property and the seller.

I.

In June 1955, five trustees of the Benevolent and Protective Order of Elks, Glen Cove Lodge #1458 (Lodge) entered into a stipulation with Gasper Buffa—...

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