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FISCHER v. ZEPA CONSULTING

95 N.Y.2d 66 (2000)

732 N.E.2d 937

710 N.Y.S.2d 830

JOHN P. FISCHER et al., Appellants, v. ZEPA CONSULTING AG. et al., Respondents.

Court of Appeals of the State of New York.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Felt Evans, L. L. P., Clinton (Edward D. Earl of counsel), for appellants.

Diane L. Van Epps, Scarsdale, for respondents.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

The issue before this Court is whether timber rights held by defendant Zepa Consulting AG. constitute a valid, perpetual estate in land or reflect a sale of goods subject to performance within a reasonable time (see, UCC 2-107, 2-309). We conclude, as did the Appellate Division, that the timber rights at issue constitute a valid, perpetual estate in land.

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