Herrmann v. AMD Realty, Inc.

*620In an action, inter alia, for a judgment declaring that a right of first refusal contained in a certain lease surrender agreement was null and void, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (LaCava, J.), entered September 19, 2003, which denied that branch of its motion which was for summary judgment declaring, among other things, that the right of first refusal was valid and granted the plaintiffs cross motion for summary judgment declaring that the right of first refusal was null and void, and declared that the right of first…