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AMIR MEIRI, plf-ap, v. SHEILA MCNICHOLS def-res

4203-4203A. AMIR MEIRI, plf-ap, v. SHEILA MCNICHOLS def-res — AMAMPURI REALTY LLC, Intervenor-res — Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for ap — The Law Office of Peter G. Gray, P.C., Brooklyn (Peter G. Gray of counsel), for Sheila McNichols and James Michael Cornwell, res — Withers Bergman LLP, New York (Chaya F. Weinberg-Brodt of counsel), for Amampuri Realty LLC, res — Orders, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 14, 2016, which granted the motion of defendants Sheila McNichols and James Michael Cornwell to dismiss the complaint and the motion of Amampuri Realty LLC to intervene and dismiss the complaint, unanimously affirmed, with costs.

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4203-4203A. AMIR MEIRI, plf-ap, v. SHEILA MCNICHOLS def-res — AMAMPURI REALTY LLC, Intervenor-res — Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for ap — The Law Office of Peter G. Gray, P.C., Brooklyn (Peter G. Gray of counsel), for Sheila McNichols and James Michael Cornwell, res — Withers Bergman LLP, New York (Chaya F. Weinberg-Brodt of counsel), for Amampuri Realty LLC, res — Orders, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 14, 2016, which granted the motion of defendants Sheila McNichols and James Michael Cornwell to dismiss the complaint and the motion of Amampuri Realty LLC to intervene and dismiss the complaint, unanimously affirmed, with costs.

Since the right of first refusal in the lease between plaintiff and decedent William Cornwell did not refer to their heirs, successors, or assigns, it expired upon decedent’s death (see e.g. Gilmore v. Jordan, 132 AD3d 1379, 1380 [4th Dept 2015]; Herrmann v. AMD Realty, Inc., 8 AD3d 619, 621 [2d Dept 2004]; Adler v. Simpson, 203 AD2d 691, 692-693 [3d Dept 1994]).

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