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,...
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