Froio Management Group, Inc. (Froio) and Washington Street Enterprises, LLC (WSE) filed the complaint in this action on September 21, 2015, naming as defendant Bargain Discount Markets, Inc. (BDM). The complaint seeks a declaratory judgment that Froio has a valid right of first refusal to acquire the property of WSE that trumps the option held by BDM. On December 15, 2015, the court denied Defendant's Motion to Dismiss. On May 27, 2016, Froio and WSE filed their Motion for Summary Judgment, and on June 27, 2016, BDM filed Defendant Bargain Discount Markets, Inc.'s Cross-Motion for Summary Judgment (Summary Judgment Cross- Motion).
The Motion for Summary Judgment and the Summary Judgment Cross-Motion came on to be heard on July 27, 2016. In a Memorandum and Order of even date, the court (Foster, J.) has denied the Motion for Summary Judgment and allowed the Summary Judgment Cross-Motion.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED and DECLARED that the right of first refusal set forth in section 10.11 of the lease dated November 14, 1991, between Froio and Dunn River Associates, as extended by a First Amendment to Lease dated December 24, 2011 (Froio Right of First Refusal), is of no further force and effect. It is further
ORDERED, ADJUDGED and DECLARED that the option to purchase set forth in section 14.13 of the lease dated March 27, 2009, between BDM and Dunn River Associates is no longer subject to the Froio Right of First Refusal.
By the Court.