Legal Opinion
Symphony Space, Inc. v. Pergola Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 31, 1995PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J. P.
The issue before us in this declaratory judgment action is whether an agreement granting defendants an option to pur*68chase certain real property owned by plaintiff should be declared void as in violation of the Rule against Perpetuities and as clogging plaintiff’s equity of redemption in its mortgage.
In 1978, representatives of plaintiff, The Symphony Space, Inc. (Symphony), a not-for-profit corporation engaged in presenting educational and artistic programs to the public and providing instruction and opportunities for emerging artists, approached Broadwest…
2Cases cited15 opinions
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Symphony Space, Inc. v. TishelmanNew York Court of Appeals · 1983
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- Buffalo Seminary v. McCarthyNew York Court of Appeals · 1983
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3Cited by5 opinions
- Symphony Space, Inc. v. Pergola Properties, Inc.New York Court of Appeals · 1996
- Barkley v. United Homes, LLCDistrict Court, E.D. New York · 2012
- Westbury Real Estate Ventures, Inc. v. Bradlees, Inc. (In Re Bradlees Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1996
- Inwood Park Apartments, Inc. v. Coinmach Industries Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Vanguard Construction & Development Co. v. PolskyNew York Supreme Court · 2009