first refusal clause in New York

7 New York opinions name it 2 courts 1968–2008 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
LIN Broadcasting Corp. v. Metromedia, Inc.green ny · 1989 · cited in 2 New York opinions naming this issue, 1991–2008 2 sentences 2008That is, the right “merely provides that before an owner sells, it will first give the other party a chance to buy” and, thus, “[w]hen . . . the selling party has fully complied with its obligations under the first refusal clause by not selling without first making the required offer, the nonselling party has received the bargained-for performance” (LIN Broadcasting Corp. v Metromedia, Inc., 74 NY2d at 60, 62; see Cipriano v Glen Cove Lodge #1458, B.P.O.E., 1 NY3d 53, 61 [2003]; Krieger v Cornelius, 259 AD2d 10, 11-12 [1999]). 1991Therefore, despite the presence of conditions in the offer, the July 1987 notice thereof to plaintiff constituted full compliance with the first refusal clause (see, LIN Broadcasting Corp. v Metromedia, Inc., 74 NY2d 54, 62 ; Mucci v Brockton Bocce Club, 19 Mass App 155, 472 NE2d 966 , review denied 394 Mass 1102, 475 NE2d 401 ).	1	2
Cipriano v. Glen Cove Lodge 1458green ny · 2003 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008That is, the right “merely provides that before an owner sells, it will first give the other party a chance to buy” and, thus, “[w]hen . . . the selling party has fully complied with its obligations under the first refusal clause by not selling without first making the required offer, the nonselling party has received the bargained-for performance” (LIN Broadcasting Corp. v Metromedia, Inc., 74 NY2d at 60, 62; see Cipriano v Glen Cove Lodge #1458, B.P.O.E., 1 NY3d 53, 61 [2003]; Krieger v Cornelius, 259 AD2d 10, 11-12 [1999]).	1	1
Krieger v. Corneliusgreen nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008That is, the right “merely provides that before an owner sells, it will first give the other party a chance to buy” and, thus, “[w]hen . . . the selling party has fully complied with its obligations under the first refusal clause by not selling without first making the required offer, the nonselling party has received the bargained-for performance” (LIN Broadcasting Corp. v Metromedia, Inc., 74 NY2d at 60, 62; see Cipriano v Glen Cove Lodge #1458, B.P.O.E., 1 NY3d 53, 61 [2003]; Krieger v Cornelius, 259 AD2d 10, 11-12 [1999]).	1	1
American Broadcasting Companies, Inc. v. Wolfgreen nyappdiv · 1980 · cited in 1 New York opinions naming this issue, 1981–1981 1 sentence 1981It is remarkable that, to this end, it has to ignore its own crediting of the Appellate Division’s express finding that, as far back as February 1, 1980, fully a month before the ABC contract was to terminate, “Wolf and CBS orally agreed on the terms of Wolf’s employment as sportscaster for WCBS-TV” (majority opn, at p 399; see American Broadcasting Cos. v Wolf, 76 AD2d 162, 166, 170-171 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp. neutral ny · 1923 2 sentences 1973The lessor’s sale of the leased premises as part of the larger parcel violated the first refusal clause of the lease (New Atlantic Garden v. Atlantic Garden Realty Corp., 201 App. Div. 404 , affd. 237 N. Y. 540 ; Costello v. Hoffman, 30 A D 2d 530). 1968The sale by a landlord of a parcel which includes leased premises violates a first refusal clause as to the leased premises incorporated in the lease and the lessee is entitled to enjoin the landlord from selling the leased property to anyone except the lessee without according the latter the first right to purchase (New Atlantic Garden v. Atlantic Garden Realty Corp., 201 App. Div. 404 , affd. 237 N. Y. 540 ).	2	1968–1973
New Atlantic Garden, Inc. v. Atlantic Garden Realty Corp. green nyappdiv · 1922 2 sentences 1973The lessor’s sale of the leased premises as part of the larger parcel violated the first refusal clause of the lease (New Atlantic Garden v. Atlantic Garden Realty Corp., 201 App. Div. 404 , affd. 237 N. Y. 540 ; Costello v. Hoffman, 30 A D 2d 530). 1968The sale by a landlord of a parcel which includes leased premises violates a first refusal clause as to the leased premises incorporated in the lease and the lessee is entitled to enjoin the landlord from selling the leased property to anyone except the lessee without according the latter the first right to purchase (New Atlantic Garden v. Atlantic Garden Realty Corp., 201 App. Div. 404 , affd. 237 N. Y. 540 ).	2	1968–1973
Mucci v. Brockton Bocce Club, Inc. green massappct · 1985 1 sentence 1991Therefore, despite the presence of conditions in the offer, the July 1987 notice thereof to plaintiff constituted full compliance with the first refusal clause (see, LIN Broadcasting Corp. v Metromedia, Inc., 74 NY2d 54, 62 ; Mucci v Brockton Bocce Club, 19 Mass App 155, 472 NE2d 966 , review denied 394 Mass 1102, 475 NE2d 401 ).	1	1991–1991
United States v. American Telephone & Telegraph Co. green dcd · 1983 1 sentence 1989Following receipt of the July 14 letters, various exchanges took place between LIN and Metromedia concerning questions raised by LIN as to whether the proposed sale to Bell violated other unrelated provisions of the New York and Philadelphia agreements; whether the proposed sale violated the consent decree in United States v American Tel. & Tel. ( 552 F Supp 131 , affd sub nom.	1	1989–1989
S. C. Posner Co. v. Jackson green ny · 1918 1 sentence 1980(See Israel v Wood Dolson Co., 1 NY2d 116 ; Campbell v Gates, 236 NY 457 ; Lamb v Cheney & Son, 227 NY 418 ; Posner Co. v Jackson, 223 NY 325 .) In concluding that the execution of the producer’s agreement and the simultaneous grant of an irrevocable option to Wolf to enter into a sportscaster’s contract on June 4, 1980 did not violate ABC’s right under the first refusal clause because Wolf had not, on February 4, formally accepted CBS’ offer of employment as a sportscaster, Trial Term lauded form over substance and ignored compelling evidence that Wolf and CBS had structured the February 4 ag	1	1980–1980
Lamb v. S. Cheney & Son green ny · 1920 1 sentence 1980(See Israel v Wood Dolson Co., 1 NY2d 116 ; Campbell v Gates, 236 NY 457 ; Lamb v Cheney & Son, 227 NY 418 ; Posner Co. v Jackson, 223 NY 325 .) In concluding that the execution of the producer’s agreement and the simultaneous grant of an irrevocable option to Wolf to enter into a sportscaster’s contract on June 4, 1980 did not violate ABC’s right under the first refusal clause because Wolf had not, on February 4, formally accepted CBS’ offer of employment as a sportscaster, Trial Term lauded form over substance and ignored compelling evidence that Wolf and CBS had structured the February 4 ag	1	1980–1980
Campbell v. . Gates green ny · 1923 1 sentence 1980(See Israel v Wood Dolson Co., 1 NY2d 116 ; Campbell v Gates, 236 NY 457 ; Lamb v Cheney & Son, 227 NY 418 ; Posner Co. v Jackson, 223 NY 325 .) In concluding that the execution of the producer’s agreement and the simultaneous grant of an irrevocable option to Wolf to enter into a sportscaster’s contract on June 4, 1980 did not violate ABC’s right under the first refusal clause because Wolf had not, on February 4, formally accepted CBS’ offer of employment as a sportscaster, Trial Term lauded form over substance and ignored compelling evidence that Wolf and CBS had structured the February 4 ag	1	1980–1980
Israel v. Wood Dolson Co. green ny · 1956 1 sentence 1980(See Israel v Wood Dolson Co., 1 NY2d 116 ; Campbell v Gates, 236 NY 457 ; Lamb v Cheney & Son, 227 NY 418 ; Posner Co. v Jackson, 223 NY 325 .) In concluding that the execution of the producer’s agreement and the simultaneous grant of an irrevocable option to Wolf to enter into a sportscaster’s contract on June 4, 1980 did not violate ABC’s right under the first refusal clause because Wolf had not, on February 4, formally accepted CBS’ offer of employment as a sportscaster, Trial Term lauded form over substance and ignored compelling evidence that Wolf and CBS had structured the February 4 ag	1	1980–1980

Where else courts name it

NY 7 (1968–2008) KS 2 (1982–2009) NH 2 (2008–2008) CA 2 (1958–1959)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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