Atlantic Avenue Oil & Gas, Ltd. v. Texaco Refining and Marketing, Inc., 699 F. Supp. 27 (E.D.N.Y. 11-7-88); aff'd, 870 F.2d 93 (2d Cir. 3-30-89)

Franchisor need not offer franchisee those items of property on the premises that pose a threat of future pollution and liability in order to give franchisee a right of first refusal under this section. Franchisor is required to give a right of first refusal only on the same terms as it has been offered by a third party. If the third party does not include all equipment necessary to a viable operation, the right of first refusal does not apply to the omitted equipment, but a bona fide offer to sell does. There is no requirement in this section that a bona fide offer be in writing or have a 45-day acceptance period.