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ANDERSON v. CONDOMINIUM

119 A.D.2d 73 (1986)

Thomas B. Anderson et al., Appellants, v. 50 East 72nd Street Condominium et al., Respondents

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

July 10, 1986

Attorney(s) appearing for the Case

Martin Stein of counsel (Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellants.

Peter Brown of counsel (Brown, Raysman & Millstein, attorneys), for 50 East 72nd Street Condominium, respondent.

Ludwig A. Saskor of counsel (Smith, Steibel, Alexander & Saskor, P. C., attorneys), for Victoria M. McHugh Murphy and another, respondents.

FEIN, MILONAS and KASSAL, JJ., concur with ELLERIN, J; ASCH, J. P., dissents in an opinion.

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...

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