Opinion
Argued January 27, 2000
March 17, 2000
In an action, inter alia, for specific performance of an option to purchase real property contained in a lease agreement, the plaintiff appeals from a judgment of the Supreme Court, Putnam County (Sweeny, J.), dated September 8, 1998, which, after a nonjury trial, dismissed the action.
Solano Fonseca (Mitchell Incantalupo, Forest Hills, N Y [Thomas V. Incantalupo] of counsel), for appellant.
Howard Dean, P.C., Tarrytown, N.Y., for respondents.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
It is well settled that the term "first option" to purchase means the right of first refusal, and that it is not an absolute option to purchase (see, R.I. Realty Co. v. Terrell, 254 N.Y. 121, 124-125;Blau-Par Corp. v. Reliance Chem. Corp., 170 A.D.2d 811, 812-813). The general merger clause in the lease precludes the plaintiff's claims of reliance upon oral and written representations to the contrary (see, Sioris v. 25 W. 43rd St. Co., 223 A.D.2d 475). The plaintiff was afforded a full nonjury trial, in which its claims, including that of mutual mistake, were considered and properly rejected by the trial court.
O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and H. MILLER, JJ., concur.