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PHILIPPINE AMERICAN LACE CORP. v. 236 WEST 40TH STREET CORP.

27 A.D.3d 212 (2006)

810 N.Y.S.2d 460

PHILIPPINE AMERICAN LACE CORP., Appellant, v. 236 WEST 40TH STREET CORP., Respondent, et al., Defendants.

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

March 2, 2006.

Plaintiff's right of first refusal to purchase the subject building was pronounced in a decision after trial dated November 17, 2004, which decision also directed settlement of an order and judgment by December 8. By order to show cause dated December 3 and returnable December 16, 2004, i.e., before an order and judgment had been settled, defendant owner obtained a temporary stay of enforcement pending appeal; plaintiff cross-moved to enjoin the owner from renting the vacant...

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