H. Fox & Co., Inc. v. Blumenfeld

In an action, inter alia, for specific performance of an option to purchase real property contained in a lease, the defendants appeal from an order of the Supreme Court, Kings County (Schneier, J.), dated November 17, 2004, which granted the plaintiffs motion to preliminarily enjoin the defendants from transferring or net-leasing the subject property to a third party and denied their cross motion, inter alia, for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The subject lease included both an option for the plaintiff to purchase the leased premises…