Anderson v. 50 East 72nd Street Condominium

Asch, J. P.

(dissenting). The majority has taken the position that the "right of first refusal” involved in this appeal is valid. *80I disagree. I read the cases in New York as supporting my view. It is quite clear, however, that the final legal answer must come from the Court of Appeals or the Legislature. Since I believe that there are significant public policy considerations which support the position I have taken, I dissent.

By its ruling in Metropolitan Transp. Auth. v Bruken Realty Corp. (67 NY2d 165), the Court of Appeals has described the circumstances under which it chooses not to…