34th & 7th Ave., L. L. C. v. 152 W. 34th Street, Inc.

—Order, Supreme *154Court, New York County (Diáne Lebedeff, J.), entered October 8, 1999, which, in an action for specific performance of a contract to purchase a ground lease, denied plaintiff buyer’s motion for summary judgment and granted defendant seller’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly found that the holder of the right of first refusal had exercised its refusal right in timely manner, and that, although the terms of the sale to such holder were not identical to those contained in the subject…