Legal Opinion

Benjamin v. Madison Medical Building Condominium Board of Managers

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 2009Published

1Opinion of the Court

Order, Supreme Court, New York County (Judith J. Gishe, J.), entered January 2, 2009, which, to the extent appealed from, granted plaintiff’s motion for summary judgment as to his causes of action for specific performance and breach of contract, and denied defendant Board’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, a dentist, seeks to enforce the express right of first refusal of Aline Realty LLC, of which he is the managing member, to purchase the basement unit of the 12-floor condominium at 161 Madison Avenue, which primarily…

2Cases cited5 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
  3. LIN Broadcasting Corp. v. Metromedia, Inc.New York Court of Appeals · 1989
  4. Lin Broadcasting Corp. v. Metromedia, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Royal York Owners Corp. v. Royal York Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2007

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