SMITH v. SMITH


116 A.D.2d 810 (1986)

Frederick L. Smith et al., Respondents, v. Howard C. Smith et al., Appellants

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

January 2, 1986


Levine, J.

By agreement dated October 6, 1972, plaintiffs and defendants, as tenants in common of a parcel of real property located in Delaware County (hereinafter the property), granted restrictive options to each other which provided that if either optionor or "his, her or their successors in title have the opportunity and desire to make a bona fide sale of [their interest in the property], he, she, or they" would give the

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