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MILLION GOLD REALTY CO., INC. v. S.E. & K. CORP.

4 A.D.3d 196 (2004)

772 N.Y.S.2d 271

MILLION GOLD REALTY CO., INC., Appellant, v. S.E. & K. CORP., Respondent. (Action No. 1.) MILLION GOLD REALTY CO., INC., Appellant, v. S.E. & K. CORP. et al., Respondents. (Action No. 2.) MILLION GOLD REALTY CO., INC., Appellant, v. S.E. & K. CORP. et al., Respondents. (Action No. 3.)

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

February 19, 2004.

Plaintiff, who claims a right of first refusal to purchase certain real property owned by defendants, claimed in Action No. 2 that defendants' contract of sale with a third party should be enjoined as fraudulent since the third party has no assets. The IAS court dismissed Action No. 2 for lack of proof as to the third party's lack of means to meet the contract. In Action No. 3, which seeks specific performance of plaintiff's right of first refusal, plaintiff alleges that...

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