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NALDI v. GRUNBERG

600707/08, 2116.

80 A.D.3d 1 (2010)

908 N.Y.S.2d 639

ROBERT NALDI, Respondent, v. MICHAEL GRUNBERG, Defendant, and GRUNBERG 55 LLC, Appellant.

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

Decided October 5, 2010.

Attorney(s) appearing for the Case

Tarter Krinsky & Drogin, LLP, New York City ( Linda S. Roth , Andrew N. Krinsky and Rachel S. Fleishman of counsel), for appellant.

Goldberg Weprin Finkel Goldstein LLP, New York City ( Matthew Hearle and Kevin J. Nash of counsel), for respondent.

TOM, J.P., ANDRIAS, NARDELLI and CATTERSON, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

The complaint in this action seeks enforcement of a right of first refusal that plaintiff claims he held for 30 days while conducting due diligence in contemplation of entering into a contract to purchase real property. Defendant Grunberg 55 LLC, appealing from the denial of its motion to dismiss, argues, among other things, that the alleged right of first refusal is not enforceable under the applicable statute of frauds...

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