Justice Robert J. McDonald


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Torah moved for summary judgment dismissing Hendel’s complaint and striking the notice of pendency in this action for specific performance arising from a 12 month lease the parties executed for the subject property. After expiration, Hendel continued to occupy the premises under a month-to-month agreement. Plaintiffs sought to exercise their right of first refusal when they discover Torah planned to sell the premises, but were advised their right expired when the lease ended in 2012. Plaintiffs sued arguing their right of first refusal carried over into their month-to-month agreement, and filed a notice of pendency. The court found Torah established a prima facie showing of entitlement to summary judgment showing plaintiffs did not have an enforceable right of first refusal at the time Torah entered into a contract of sale for the premises as plaintiffs did not renew or extend the lease in accordance with its terms, but entered into an oral agreement to continue as month-to-month tenants. As such, the court concluded plaintiffs no longer maintained an enforceable right of first refusal. Also, as plaintiffs failed to raise a triable issue of fact. Hence, Torah’s motion was granted to the extent of an award of summary judgment against plaintiffs and dismissal of the complaint.