Opinion
No. 9708.
December 5, 2006.
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered January 20, 2006, which granted defendants' motion pursuant to CPLR 3211 to dismiss the complaint and denied plaintiffs cross motion for summary judgment, unanimously affirmed, with costs.
Marcus Rosenberg Diamond LLP, New York (David Rosenberg of counsel), for appellant.
Tannenbaum Helpern Syracuse Hirshtritt LLP, New York (Vincent J. Syracuse of counsel), for respondents.
Before: J.P., Friedman, Sullivan, Williams and Gonzalez, JJ.
The corporate transaction did not trigger the right of first refusal set forth in article X, section 2 of plaintiff's 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).
We have considered plaintiffs remaining arguments, particularly with respect to the interpretation of contracts, and find them without merit.