C&D Food Enterprises, Inc. v. Fudoli

—Appeal from an order of Supreme Court, Erie County (Gorski, J.), entered September 6, 2000, which, inter alia, granted defendant’s cross motion for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the cross motion is denied, the complaint is reinstated and the motion is granted in accordance with the following memorandum: Plaintiff is the lessee of a convenience store under a lease with defendant granting plaintiff a right of first refusal to purchase the property that…