397 West 12th Street Corp. v. Zupa

Judgment, Supreme Court, New York County (Sherry Klein Heitler, J.), entered June 22, 2006, dismissing all claims, counterclaims and cross claims in this action and cancelling notices of pendency filed by defendant Madison Capital Acquisitions, unanimously modified, on the law, to the extent of declaring that plaintiff properly exercised its right of first refusal, and otherwise affirmed, with costs in favor of plaintiff payable by defendants-appellants. Appeal from the underlying order, same court and Justice, entered June 9, 2006, which, inter alia, granted plaintiffs and defendant Zupa’s…