CYPRESS MED. SURGICAL SERVS., LLC v. JODOL REALTY CORP.

2017-08948. Index No. 507968/15.

186 A.D.3d 666 (2020)

127 N.Y.S.3d 307

2020 NY Slip Op 04534

Cypress Medical Surgical Services, LLC, Appellant, v. Jodol Realty Corp. et al., Respondents.

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

Decided August 19, 2020.


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

The plaintiff, Cypress Medical Surgical Services, LLC, as tenant, entered into an agreement with the defendant Jodol Realty Corp. to lease a portion of the subject property. The lease contained a clause providing a "first option to buy to" nonparty Angelo Messina and a "second option to buy to" the plaintiff. In May 2015, Jodol Realty Corp.'s sole shareholder, Dolores Rapuano (hereinafter Rapuano...

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