H. FOX & CO., INC. v. BLUMENFELD


24 A.D.3d 722 (2005)

809 N.Y.S.2d 87

H. Fox & CO., INC., Respondent, v. HELAINE BLUMENFELD et al., Appellants.

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

December 27, 2005.


Ordered that the order is affirmed, with costs.

The subject lease included both an option for the plaintiff to purchase the leased premises for a purchase price of $450,000, as well as a right of first refusal. In April 2004 the defendants received a bona fide third-party offer to purchase the leased premises for a purchase price of $1,200,000 and so notified the plaintiff. Rather than exercise its right of first refusal, however, the plaintiff elected instead to...

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