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MORRISON v. PIPER

77 N.Y.2d 165 (1990)

Robert C. Morrison, Appellant, v. Roger H. Piper et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1990.

Attorney(s) appearing for the Case

Jeffrey J. Sherrin for appellant.

Mark A. Lebowitz for Roger H. Piper and another, respondents.

Edward S. Stewart for Mary T. Owens and another, respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

Two issues are presented on this appeal from an order of the Appellate Division dismissing plaintiff's claims seeking to enforce a right of first refusal: (1) whether New York's rule against remote vesting (EPTL 9-1.1 [b]) is applicable to the type of first refusal right involved here: one created in a deed conveying noncommercial, residential property...

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