Philadelphia Skyline

Condo Seller Fends Off Right-of-First-Refusal Post-Sale Damage Case

Information Clearinghouse Inc.  v.  Name Redacted
(Supreme Court, New York County, October 1, 2014)

Itkowitz PLLC wins dismissal of suit brought by former tenant against former Manhattan Condo owner in Supreme Court of New York, New York County.  The case centered on the sale of a one-bedroom rental unit of the Upper West Side of Manhattan.  Plaintiffs, the tenant of the unit and her employer, brought suit following the sale of the unit by Owner, claiming that that the defendant had offered her a right of first refusal to purchase the unit if it were ever offered for sale and failed to honor it thereby resulting in damages to her.  Itkowitz PLLC secured a victory for the defendant, first by vacating the default judgment entered against him as a result of faulty service of process, and then by obtaining dismissal of the action following a successful  motion for summary judgment on the grounds that no such right of first refusal ever existed.

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