1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 95 A.D.3d
  5. 95 A.D.3d 687 (2012)
 

SOLDIERS', SAILORS', MARINES' AND AIRMEN'S CLUB, INC. v. CARLTON REGENCY CORP.

Nos. 7731, 600813/07, 7732, 601554/09, 590181/09.

95 A.D.3d 687 (2012)

945 N.Y.S.2d 40

2012 NY Slip Op 3958

SOLDIERS', SAILORS', MARINES' AND AIRMEN'S CLUB, INC., Appellant, v. THE CARLTON REGENCY CORP., Defendant and Third-Party Plaintiff. JAMES CONFORTI, III, et al., Third-Party Defendants and Counterclaim Plaintiffs-Respondents, et al., Counterclaim-Defendant. (And a Fourth-Party Action.) SOLDIERS', SAILORS', MARINES' AND AIRMEN'S CLUB, INC., Plaintiff, v. THE CARLTON REGENCY CORP., Defendant/Third-Party Plaintiff-Respondent. JAMES CONFORTI, III, et al., Third-Party Defendants and Counterclaim Plaintiffs-Respondents, et al., Counterclaim-Defendant. JAMES CONFORTI, III, et al., Fourth Party Plaintiffs-Appellants, v. CHICAGO TITLE INSURANCE COMPANY et al., Fourth-Party Defendants-Respondents, et al., Fourth-Party Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.

As an initial matter, plaintiff appears not to dispute the motion court's finding that the two 25-year lease renewal options do not violate the rule against perpetuities. Rather, plaintiff argues that once it is forced to vacate the premises, its obligation to maintain them for another 60 years, receiving rent of only $30,000 per year, will become so burdensome as to constitute an unreasonable restraint (see Restatement of Property § 395). Plaintiff argues further...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases