As an initial matter, plaintiff appears not to dispute the motion court's finding that the two 25-year lease renewal options do not violate the rule against perpetuities. Rather, plaintiff argues that once it is forced to vacate the premises, its obligation to maintain them for another 60 years, receiving rent of only $30,000 per year, will become so burdensome as to constitute an unreasonable restraint (see Restatement of Property § 395). Plaintiff argues further...
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