Opinion
December 19, 1989
Appeal from the Supreme Court, New York County (Ethel B. Danzig, J.).
In the absence of a clear delineation of separable personal property, the option to purchase under a first right of refusal should match the total bid by the prospective purchaser. The holder of the option has not identified any personal property other than fixtures which could not be removed except at great expense to defendant. The option clause will not be construed in a manner which will force the property owner to sell its property at less than fair market value. For purposes of exercising the option here, the sale price is indivisible, and specific performance will not lie.
Concur — Sullivan, J.P., Carro, Wallach, Smith and Rubin, JJ.