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HAKMON v. 244 E. 48TH ST. DEV., LLC

156222/18. Appeal No. 12326-12326A. Case No. 2020-01245(1).

188 A.D.3d 460 (2020)

135 N.Y.S.3d 381

2020 NY Slip Op 06393

Sharon Hakmon, Respondent, v. 244 East 48th Street Development, LLC, et al., Appellants.

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

Decided November 10, 2020.

In the case at bar, plaintiff is not seeking a money judgment, but rather seeks title to property pursuant to an alleged personal right of first refusal to purchase the premises. Accordingly, utilization of CPLR 6515(2) is the preferred course under which to proceed (see Ansonia Realty Co. v Ansonia Assoc., 117 A.D.2d 527 [1st Dept 1986]). Subdivision two of this statute has been described as a "double bonding" approach, in which...

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