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PERRI v. CASE

560 CA 21-01255.

208 A.D.3d 1046 (2022)

173 N.Y.S.3d 785

2022 NY Slip Op 04872

Michael Perri, Respondent, v. Mark Case, Doing Business as Case's Mini Storage, Appellant, et al., Defendants. (Appeal No. 1.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

REFERMAT HURWITZ & DANIEL PLLC, ROCHESTER ( JOHN T. REFERMAT OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANTIAGO BURGER LLP, ROCHESTER ( FERNANDO SANTIAGO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Centra, Lindley and Bannister, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff entered into a lease agreement with defendant Mark Case, doing business as Case's Mini Storage (Case), in which plaintiff held a right of first refusal to purchase the leased premises. Under the terms of that lease provision, Case was obligated to notify plaintiff in writing of the terms of any bona fide offer Case received for the property...

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