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FINLAY v. HUBER

47 A.D.3d 883 (2008)

851 N.Y.S.2d 607

ENDA FINLAY, Appellant, v. GENE HUBER et al., Respondents, et al., Defendants.

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

Decided January 29, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

"A right of first refusal is a right to receive an offer, and the grantor's failure or refusal to extend the holder the opportunity to exercise the right constitutes a breach" (Cipriano v Glen Cove Lodge #1458, B.P.O.E., 1 N.Y.3d 53, 60 [2003]). Further, "a right of first refusal ... does not give its holder the power to compel an unwilling...

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