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NEW YORK TILE WHOLESALE CORP. v. THOMAS FATATO REALTY CORP.

Kings County Index No. 49320/01, New York County Index No. 651681/10, 2015-08886.

153 A.D.3d 1351 (2017)

2017 NY Slip Op 06538

61 N.Y.S.3d 136

NEW YORK TILE WHOLESALE CORP., Plaintiff, v. THOMAS FATATO REALTY CORP., et al., Defendants. (Action No. 1.) NEW YORK TILE WHOLESALE CORP., Formerly Known as MARBLE FLOORING, INC., Appellant, v. HERRICK FEINSTEIN, LLP, et al., Respondents, et al., Defendants. (Action No. 2.)

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

Decided September 20, 2017.

Ordered that the order is affirmed, with costs.

In 1986, New York Tile Wholesale Corp., then known as Marble Flooring, Inc. (hereinafter New York Tile), entered into an agreement with Thomas Fatato Realty Corp. (hereinafter Fatato Realty) to lease a portion of a property owned by Fatato Realty. The lease gave New York Tile a right of first refusal to purchase the property in the event that Fatato Realty offered it for sale. In October 2000, Fatato Realty transferred...

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