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RAPID RECOVERY ENTERPRISES, INC. v. AGC REALTY, INC.

17530-2003, 29535-2003, Motion Sequence Nos. 004 MOTD, 001 MOTD

2009 NY Slip Op 30511 (U)

RAPID RECOVERY ENTERPRISES, INC., Plaintiff, v. AGC REALTY, INC. and CLAIRE MASON, Defendants. JON COESTER, Plaintiff, v. CLAIRE MASON, Defendants.

Supreme Court of the State of New York, Suffolk County.

Original Motion Date: December 18, 2008.

Original Motion Date: January 5, 2009.

Motion Submit Date: January 28, 2009.

Motion Submit Date: January 21, 2009.

Attorney(s) appearing for the Case

Christopher Ring, Esq., Smithtown, New York, Attorney for Plaintiff.

Michael Colavecchio, Esq., Lewis Johs Avallone Aviles, LLP, Melville, New York, Attorney for Defendant.

Michael Colavecchio, Esq., Lewis Johs Avallone Aviles, LLP, Melville, New York, Westerman Hamilton Sheeny Aydelott & Keenan, LLP, Garden City, New York, Christopher Ring, Esq., Smithtown, New York, Attorney for Plaintiff.

EMILY PINES, Judge.

These two interrelated actions concern the obligations of parties under the terms of written contracts. In Rapid Recovery Enterprises, Inc v. AGC, Inc and Claire Mason ("Action # 1"), the Plaintiff seeks an order, pursuant to CPLR § 3212, granting the Plaintiff Summary Judgment: 1) declaring the Plaintiff to possess a valid right of first refusal to purchase certain real property; 2) granting Plaintiff specific performance compelling...

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