OMAR v. ROZEN


55 A.D.3d 705 (2008)

SALLY OMAR et al., Respondents, v. MAREK ROZEN et al., Appellants.

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

October 14, 2008.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, and, upon searching the record, the plaintiffs are awarded summary judgment dismissing the defendants' affirmative defenses of the statute of frauds and violation of the rule against perpetuities with respect to the repurchase option contained in the agreement dated March 9, 2001.

Contrary to the defendants' contention, the repurchase option contained in the agreement of March...

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