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METRO. TRANSP. v. BRUKEN

125 Misc.2d 497 (1984)

Metropolitan Transportation Authority et al., Plaintiffs, v. Bruken Realty Corporation et al., Defendants.

Supreme Court, New York County.

July 30, 1984

Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Max R. Shulman and Robert N. Feltoon of counsel), for plaintiffs. Milberg, Weiss, Bershad, Specthrie & Lerach (Patricia M. Hynes, Jeremy Heisler and Elizabeth A. Shollenberger of counsel), for defendants.

MARTIN EVANS, J.

Plaintiffs here move for summary judgment in this action for a declaratory judgment. The action seeks a declaration that a certain option is void, as being allegedly violative of the Rule against Perpetuities (the Rule) as adopted by the Legislature (by the Assembly on June 21, 1965 and by the Senate on June 22, 1965, now EPTL 9-1.1, subd [b]).

The underlying facts are not unduly complex...

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