Johnnies Pelham Road Service, Inc. v. Thomas

In an action, inter alia, for specific performance of a right of first refusal contained in a lease, the defendant appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered June 16, 2005, which granted the plaintiffs motion for summary judgment directing specific performance of the right of first refusal and, in effect, enjoining the defendant from consummating a proposed transfer of the subject premises to a third party and, in effect, denied his cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law and on the…