Legal Opinion
Izzo v. Brooks
New York Supreme Court
Decided December 19, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard E. Delaney, J.
The issue before the court is whether a right of preemption on the sale of real property for a fixed price, termed as perpetual for the parties and their heirs, violates the rule against perpetuities (EPTL 9-1.1, subds [a], [b]), or constitutes a restraint on the alienation of the land. In the facts and circumstances of this case no such violations are found.
Plaintiff, Anna H. Izzo, and her late husband, Anthony, had resided at 85 Washburn Lane, Stony Point, New York, since approximately October 2, 1947. On October 25, 1967, the plaintiff and her…
2Cases cited20 opinions
- In re the Accounting of KroossNew York Court of Appeals · 1951
- Allen v. Biltmore Tissue Corp.New York Court of Appeals · 1957
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
- Kershner v. HurlburtSupreme Court of Missouri · 1955
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3Cited by5 opinions
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- United States v. FreidusDistrict Court, S.D. New York · 1991
- Becce v. Mark Spencer AffiliatesAppellate Division of the Supreme Court of the State of New York · 1988
- Anderson v. 50 East 72nd Street CondominiumAppellate Division of the Supreme Court of the State of New York · 1986