The court properly denied plaintiffs' motion and granted defendants' cross motion for summary judgment. The unrefuted record evidence established that Toll Bros. acted in a commercially reasonable manner in obtaining the "lowest price possible" when it purchased the 108 3rd Avenue premises (108 premises) for $7.5 million pursuant to the "Other Property" (OP) provision of the parties' agreement. Plaintiffs fail to raise an issue of triable fact as to whether defendants used...
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