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CLARKE v. CALDWELL

132 A.D.2d 171 (1987)

Richard P. Clarke et al., Respondents, v. Francis Caldwell, Appellant

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

November 25, 1987

Attorney(s) appearing for the Case

Carl J. Rubino, Jr., for appellant.

Randolph E. Parker (James T. Curry of counsel), for respondents.

MAHONEY, P. J., MAIN, YESAWICH, JR., and HARVEY, JJ., concur.

MIKOLL, J.

In 1949, Hugh G. Caldwell and Anne V. Caldwell conveyed a parcel of land to Eva Clarke and Philip J. Clarke (hereinafter the Clarkes). The deed, recorded August 26, 1949, contained a right of first refusal clause (hereinafter the repurchase clause), which reads as follows: "If the parties of the second part at any time hereafter desire to sell the premises herein conveyed they shall, prior to the...

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