JEREMY'S v. LUCHNICK TRUST


22 A.D.3d 6 (2005)

798 N.Y.S.2d 416

JEREMY'S ALE HOUSE ALSO, INC., et al., Appellants, v. THE JOSELYN LUCHNICK IRREVOCABLE TRUST et al., Respondents.

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

July 7, 2005.


Attorney(s) appearing for the Case

Herrick, Feinstein LLP, New York City (Mara B. Levin and Jonathan Kline of counsel), for appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Charles M. Feuer and Kathleen A. Daly of counsel), for respondents.

ELLERIN and CATTERSON, JJ., concur with SULLIVAN, J.P.; WILLIAMS and GONZALEZ, JJ., dissent in a separate opinion by GONZALEZ, J.


OPINION OF THE COURT

SULLIVAN, J.P.

The facts are fairly and accurately set forth in the dissent. To recapitulate: under a "last right of refusal" afforded plaintiff tenant, Jeremy's Ale House Also, Inc., pursuant to a modification of a commercial lease, the landlord, the Joselyn Luchnick Irrevocable Trust, beginning approximately three months before the lease's expiration, communicated a series of offers...

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