Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof denying the motion to preliminarily enjoin the defendant from selling the subject premises during the pendency of the action and substituting therefor a provision granting the motion; as so modified, the order is affirmed, with costs.
The Supreme Court properly denied the cross motion of the defendant landlord, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action and to vacate a notice of pendency. A landlord may not attempt to defeat a tenant’s right to purchase leased premises under a right of first refusal by offering it for sale only as part of a larger parcel (see Saab Enters. v Wunderbar, 160 AD2d 931 [1990]). Contrary to the defendant’s contention, absent an offer to sell just the leased portion of the premises, the plaintiff, its tenant, was under no obligation to exercise its right of first refusal and accordingly cannot be said to have waived that right (see Saab Enters, v Wladislaw Wunderbar, supra; K.S. & S. Rest. Corp. v Yarbrough, 104 AD2d 486, 487 [1984]; S.B.R.’s Rest. v Towey, 130 AD2d 645, 647 [1987]).
The Supreme Court improvidently exercised its discretion in denying the plaintiffs motion to preliminarily enjoin the defendant from selling the subject premises during the pendency of the action. A preliminary injunction may be granted upon a demonstration of a probability of success in the action, a danger of irreparable injury in the absence of the injunction, and a
