Anderson v. 50 East 72nd Street Condominium
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
Plaintiffs-appellants seek to invalidate a standard "right of first refusal” provision contained in the offering plan declaration and bylaws of the defendant condominium on the ground that it violates the Rule Against Perpetuities as set forth in EPTL 9-1.1 (b). We hold that the rule does not invalidate the preemptive right in question.
In the instant case, defendants Victoria and Patrick Murphy are the owners of condominium unit apartment No. 5C at 50 East 72nd Street. The unit was purchased pursuant to a condominium offering plan, and subject to bylaws, which…
2Cases cited13 opinions
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- Robroy Land Co. v. PratherWashington Supreme Court · 1980
- 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
- Shiver v. BentonSupreme Court of Georgia · 1983
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3Cited by14 opinions
- Wildenstein & Co. v. WallisNew York Court of Appeals · 1992
- Rich, Rich & Nance v. Carolina Construction Corp.Supreme Court of North Carolina · 2002
- Ass'n of Owners of Kukui Plaza v. City of HonoluluHawaii Intermediate Court of Appeals · 1987
- Demchick v. 90 East End Avenue CondominiumAppellate Division of the Supreme Court of the State of New York · 2005
- Symphony Space, Inc. v. Pergola Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
9 more not listed; retrieve them via the Exa API.