Hahn v. Hagar

OPINION OF THE COURT

Connolly, J.

The parties to this action are siblings who disagree over the future of a Hudson Valley farm that has been in their family for more than 240 years. The plaintiff Thomas G. Hahn, Jr., who holds a qualified life estate in the property, and two of his sisters, who hold remainder interests, seek authorization pursuant to RPAPL 1602 to sell the development rights to the property in order to preserve its future use as a farm. This appeal requires us to consider, for the first time, whether development rights constitute “real property, or a part thereof” for purposes…