Michael Cipriano, Appellant-Respondent v. Glen Cove Lodge #1458, B.p.o.e., Respondents, and Gasper Buffa…

Summary

The Court held that the Elks Lodge breached Buffa’s contractual right of first refusal by failing to offer him the opportunity to purchase, but affirmed that no specific performance or damages were available because Buffa suffered no injury. It also held that the Lodge was not entitled to retain Cipriano’s down payment, finding that Cipriano had a lawful excuse for missing the closing due to the Lodge’s own breach. Accordingly, the Appellate Division’s order was modified and affirmed.