| Qlisanr, LLC v Hollis Park Manor Nursing Home, Inc. |
| 2008 NY Slip Op 04336 [51 AD3d 651] |
| May 6, 2008 |
| Appellate Division, Second Department |
| Qlisanr, LLC, et al., Appellants, v Hollis Park ManorNursing Home, Inc., et al., Defendants, and Ahron Ebert,Respondent. |
—[*1] Steven L. Levitt & Associates, P.C., Williston Park, N.Y. (Karen L. Weiss and IreneTenedios of counsel), for respondent.
In an action, inter alia, for a judgment declaring, in effect, that the defendant Ahron Ebertfailed to properly exercise his right of first refusal to purchase the assets of the defendants HollisPark Manor Nursing Home, Inc., Hollis Park Holding, LLC, and Hollis Park Realty, LLC, theplaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), entered March1, 2007, which denied their motion for summary judgment on their cause of action fordeclaratory relief.
Ordered that the order is affirmed, with costs.
The plaintiffs failed to establish their prima facie entitlement to judgment as a matter of lawon their cause of action for declaratory relief. Triable issues of fact exist as to, inter alia, whetherthe respondent Ahron Ebert improperly sought to exercise his right of first refusal by seeking topurchase only the assets of the defendant Hollis Park Manor Nursing Home, Inc. (see LaramieSpringtree Corp. v Equity Residential Props. Trust, 303 AD2d 464 [2003]), or whether, onthe other hand, he properly exercised his right of first refusal by agreeing to purchase all of theassets of the defendants Hollis Park Manor Nursing Home, Inc., Hollis Park Holding, LLC, andHollis Park Realty, LLC (hereinafter collectively the Company), pursuant to the agreementbetween the Company and the plaintiffs. Accordingly, the plaintiffs' motion for summaryjudgment on their cause of action for declaratory relief was properly denied. In light of thisdetermination we need not examine the sufficiency of Ebert's opposing papers (see generallyAlvarez v Prospect Hosp[*2]., 68 NY2d 320, 324 [1986];Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Kuri v Bhattacharya, 44 AD3d 718[2007]; cf., Yudell Trust I v API Westchester Assoc., 227 AD2d 471, 473 [1996]).Spolzino, J.P., Lifson, Florio and Dickerson, JJ., concur.