HARRINGTON v. GAGE


43 A.D.3d 1393 (2007)

843 N.Y.S.2d 745

RONALD J. HARRINGTON et al., Appellants-Respondents, v. MARIAN GAGE, Respondent-Appellant.

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

Decided September 28, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to the contention of plaintiffs, County Court properly determined that their option to purchase defendant's property, contained in an agreement permitting plaintiffs to lease the right to harvest hay from a portion of defendant's property, violates the prohibition against remote vesting set forth in EPTL 9-1.1 (b). The agreement...

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