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397 WEST 12TH STREET CORP. v. ZUPA

34 A.D.3d 236 (2006)

824 N.Y.S.2d 35

397 WEST 12TH STREET CORP., Respondent, v. VICTOR ZUPA, Respondent, and MADISON CAPITAL ACQUISITIONS LLC et al., Appellants, et al., Defendants.

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

Decided November 2, 2006.

The motion court correctly found that plaintiff properly exercised his right of first refusal by giving notice of acceptance and tendering the required deposit (see e.g. Yudell Trust I v API Westchester Assoc., 227 A.D.2d 471, 473 [1996]); plaintiff was not required to accept by performance. Plaintiff did not reject the right of first refusal or repudiate any contract created by its exercise when it sought damages on the ground that...

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