One of Isaac Katan’s two suits seeking to block the sale of the Domino site to Two Trees has been thrown out.

In the decision on Friday, the Supreme Court of the State of New York, Kings County dismissed Katan’s suit against CPC for, among other things, “breach of contract, breach of the implied covenant of good faith.” According to court documents, the decision was based on the fact that Katan “did not have right of first refusal on the property, a contract provision that was not a part of the second operating agreement.”