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BOARD OF MANAGERS OF YORK RIVER HOUSE CONDOMINIUM v. KINNEY YORK AVENUE, INC.

35 A.D.3d 160 (2006)

825 N.Y.S.2d 49

BOARD OF MANAGERS OF YORK RIVER HOUSE CONDOMINIUM, Appellant, v. KINNEY YORK AVENUE, INC., et al., Respondents.

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

Decided December 5, 2006.

The corporate transaction did not trigger the right of first refusal set forth in article X, section 2 of plaintiff's bylaws; the merger and acquisition and subsequent transfer of title to the subject garage unit to an affiliate did not constitute a bona fide sale to a third party for consideration (see Torrey Delivery v Chautauqua Truck Sales & Serv., 47 A.D.2d 279 [1975]).

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