National Land & Building Corp. v. Kazim

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered December 10, 2004, which denied plaintiffs motion for summary judgment and granted defendant Kazim’s cross motion for summary judgment dismissing the complaint as against her, unanimously affirmed, with costs.

Title to the property was not rendered unmarketable by virtue of defendant Clear Channel’s earlier attempt to exercise its *514right of first refusal with respect to a prior offer for $1.2 million. That effort was clearly untimely and ineffective. When advised of the Kazim contract on February 26, 2004, Clear Channel…