Buffalo Seminary v. McCarthy

Decision Date10 February 1983
Citation58 N.Y.2d 867,460 N.Y.S.2d 528
Parties, 447 N.E.2d 76 The BUFFALO SEMINARY, Appellant, v. Michael L. McCARTHY, et al., Respondents. (and a third-party action.)
CourtNew York Court of Appeals Court of Appeals

Order affirmed, with costs, for the reasons stated in Parts I and II of the opinion by Justice Stewart F. Hancock, Jr. at the Appellate Division (86 A.D.2d 435, 451 N.Y.S.2d 457).

COOKE, C.J., and JASEN, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

SIMONS, J., took no part.

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32 cases
  • Baker v. Latham Sparrowbush Associates
    • United States
    • U.S. District Court — Southern District of New York
    • October 26, 1992
    ... ... v. Loew's Buffalo Theatres, Inc., 236 N.Y. 465, 141 N.E. 917 (1923); Brandt v. DeKosenko, 57 Misc.2d 574, 293 ... Tehran-Berkeley Civil & Environmental Engineers v. Tippetts-Abbett-McCarthy-Stratton, 888 F.2d 239, 243 (2d Cir.1989). Regardless of the original underpinnings of New York's ... Buffalo Seminary v. McCarthy, 86 A.D.2d 435, 451 N.Y.S.2d 457, 461 (4th Dep't 1982), aff'd, 58 N.Y.2d 867, 460 ... ...
  • Metropolitan Transp. Authority v. Bruken Realty Corp.
    • United States
    • New York Court of Appeals Court of Appeals
    • April 1, 1986
    ...to buy the freight yard lots, that options are subject to the rule against remote vesting under the holding of Buffalo Seminary v. McCarthy, 86 A.D.2d 435, 451 N.Y.S.2d 457, affd. on opn. below 58 N.Y.2d 867, 460 N.Y.S.2d 528, 447 N.E.2d 76) and that since Delbay's option might not be exerc......
  • Bleecker St. Tenants Corp.. v. Bleeker Jones Llc
    • United States
    • New York Court of Appeals Court of Appeals
    • February 24, 2011
    ... ... As the Bruken Court noted, the option to purchase in Buffalo Seminary v. McCarthy, 86 A.D.2d 435, 451 N.Y.S.2d 457 (4th Dept. 1982), aff'd 58 N.Y.2d 867, 460 ... ...
  • Bleecker St. Tenants Corp.. v. Bleeker Jones Llc
    • United States
    • New York Court of Appeals Court of Appeals
    • December 3, 2010
    ... ... As the Bruken Court noted, the option to purchase in Buffalo Seminary v. McCarthy, 86 A.D.2d 435, 451 N.Y.S.2d 457 (4th Dept. 1982), aff'd 58 N.Y.2d 867, 460 ... ...
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