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

32 A.D.3d 782 (2006)

822 N.Y.S.2d 25

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

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

September 26, 2006.

The record contradicts the trial court's determination that defendant purchaser 236 West had constructive notice of plaintiff tenant's right of first refusal for the premises located at 236 West 40th Street, which plaintiff partially leased for several years. It is uncontested that plaintiff's right of first refusal was never recorded. In addition, 236 West conducted a title search prior to purchasing the property, and on the day of the closing, the owner submitted a sworn...

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