Inwood Park Apartments, Inc. v. Coinmach Industries Co.

Order, Supreme Court, New York County (Debra A. James, J.), entered on or about October 13, 2004, which, to the extent appealed from as limited by defendant’s brief, granted that part of plaintiffs motion seeking summary judgment upon its fourth cause of action and a declaration that the right of first refusal in the subject lease constitutes an unreasonable restraint on the alienation of property, unanimously affirmed, with costs.

The principle that a right of first refusal is only valid during the term of the original lease “unless expressly reaffirmed in a subsequent lease or extension…