Board of Managers of York River House Condominium v. Kinney York Avenue, Inc.

Appellate Division of the Supreme Court of New York

Board of Managers of York River House Condominium v. Kinney York Avenue, Inc.

35 A.D.3d 160, 825 N.Y.S.2d 49

Appellate Division of the Supreme Court of the State of New York·Decided December 5, 2006·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered January 20, 2006, which granted defendants’ motion pursuant to CELR 3211 to dismiss the complaint and denied plaintiffs cross motion for summary judgment, unanimously affirmed, with costs.

[161] The corporate transaction did not trigger the right of first refusal set forth in article X, section 2 of plaintiffs bylaws; the merger and acquisition and subsequent transfer of title to the subject garage unit to an affiliate did not constitute a bona fide sale to a third party for consideration (see Torrey Delivery v Chautauqua Truck Sales & Serv., 47 AD2d 279 [1975]).

We have considered plaintiffs remaining arguments, particularly with respect to the interpretation of contracts, and find them without merit. Concur—Mazzarelli, J.E, Friedman, Sullivan, Williams and Gonzalez, JJ.

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Order, Supreme Court, New York County (Bernard J. Fried, J.), entered January 20, 2006, which granted defendants’ motion pursuant to CELR 3211 to dismiss the complaint and denied plaintiffs cross motion for summary judgment, unanimously affirmed, with costs.

[161] The corporate transaction did not trigger the right of first refusal set forth in article X, section 2 of plaintiffs bylaws; the merger and acquisition and subsequent transfer of title to the subject garage unit to an affiliate did not constitute a bona fide sale to a third party for consideration (see Torrey Delivery v Chautauqua Truck Sales & Serv., 47 AD2d 279 [1975]).

We have considered plaintiffs remaining arguments, particularly with respect to the interpretation of contracts, and find them without merit. Concur—Mazzarelli, J.E, Friedman, Sullivan, Williams and Gonzalez, JJ.

Board of Managers of York River House Condominium v. Kinney York Avenue, Inc., 35 A.D.3d 160, 825 N.Y.S.2d 49 (N.Y. Ct. App. 2006).

Pincite

35 A.D.3d 160 (Board of Managers of York River House Condominium v. Kinney York Avenue, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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