AMALFI, INC. v. 428 CO., INC.

993 CA 17-00280.

153 A.D.3d 1610 (2017)

2017 NY Slip Op 06770

61 N.Y.S.3d 434

AMALFI, INC., Appellant, v. 428 Co., INC., et al., Respondents.

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

Decided September 29, 2017.


It is hereby ordered that the order and judgment insofar as appealed from is unanimously reversed on the law without costs, defendants' motions are denied, and the complaint is reinstated.

Memorandum: Pursuant to an agreement with defendant 428 Co., Inc. (428 Co.), plaintiff held a right of first refusal to purchase a commercial building "at the same price and on the same terms" as any "bona fide" offer. Plaintiff commenced the instant action to enforce that contractual...

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