Board of Mgrs. of York Riv. House Condominium v Kinney York Ave., Inc.

Board of Mgrs. of York Riv. House Condominium v Kinney York Ave., Inc. 2006 NY Slip Op 09039 [35 AD3d 160] December 5, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

Board of Managers of York River House Condominium, Appellant,
v
Kinney York Avenue, Inc., et al., Respondents.

—[*1]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 plaintiff's cross motion for summary judgment, unanimously affirmed, with costs.

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 [1975]).

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