(DOWNLOAD) "State v. Kirker" by Appellate Court of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Kirker
- Author : Appellate Court of Connecticut
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The dispositive issue in this appeal is whether the trial court properly concluded that a right of first refusal, reserved to the grantor in a certain contract for the sale of real property, applied within the context of a foreclosure sale. The defendant, Giuseppe Tripodi, appeals from the judgment of the trial court permitting the intervening defendant, Edgar C. Savarese, and his assignee, SNEMS, LLC (SNEMS), to exercise its right of first refusal to purchase certain real property on which Tripodi successfully had bid in a foreclosure sale. On appeal, Tripodi claims that the trial court improperly determined that the foreclosure sale triggered the ability to exercise the right of first refusal retained by Savarese and, thereafter, assigned to SNEMS, in a deed conveying the property to the named plaintiff, Raafat Tadros, and the named defendant, Middlebury Medical Center, Inc. (Middlebury). SNEMS claims that the trial court properly concluded that its right of first refusal applied within the context of a foreclosure sale, and that the trial court properly permitted it to exercise that right. We conclude that the trial court improperly determined that the right of first refusal at issue in the present case applied in the context of a foreclosure sale. Accordingly, we reverse the judgment of the trial court, and we direct that court on remand to approve the sale of the property to Tripodi.