WHITEFACE RESORT HOLDINGS, LLC v. McCUTCHEN


52 A.D.3d 1106 (2008)

860 N.Y.S.2d 308

WHITEFACE RESORT HOLDINGS, LLC, Appellant, v. CHARLES W. McCUTCHEN et al., Respondents.

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

Decided June 19, 2008.


Mercure, J.

This appeal requires us to consider whether an owner can sell a portion of a parcel of real estate burdened by a right of first refusal when the deed granting the right contains no express restriction on partial sales but the right holder nevertheless seeks to enjoin a sale of anything less than the entire parcel.

Defendant Charles W. McCutchen (hereinafter defendant) is the successor in interest of Brunson McCutchen and Margaret McCutchen, who...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases