Carroll v. Eno

Judgment, Supreme Court, New York County (Walter Schackman, J.), entered June 18, 1996, after a nonjury trial, which, inter alia, dismissed plaintiff’s causes of action for a declaration that the subject agreement violates the common-law rule against unreasonable restraints and the statutory rule against perpetuities, unanimously modified, on the law, to declare that the agreement does not violate either such rule, and otherwise affirmed, without costs.

The court properly held that the subject agreement, which gives defendant a preemptive right to purchase plaintiff s cooperative apartment at…