Collins v. 628 West End LLC

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered January 30, 2014, which denied plaintiffs motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, it is declared that plaintiff is the rightful tenant of the subject apartment, and the matter is remanded for further proceedings consistent herewith.

Plaintiff established her entitlement to judgment as a matter of law based on defendant’s breach of the surrender agreement which provided that she “shall have and retain a first right of refusal to lease” the subject apartment when it…