Appellate Division of the Supreme Court of the State of New York December 13, 2004 (New York Tile Wholesale Corp. v. Thomas Fatato Realty Corp.)

*426In an action, inter alia, to recover damages for breach of a lease, tortious interference with the lease, and for specific performance of a right of first refusal, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Barasch, J.