"No undivided can read the perpetuities cases without some brains of nausea."(1) I. Introduction In 1986 the strange York Court of Appeals in Metropolitan Transportation Authority v Bruken Realty Corp.(2) unanimously conclud that a preemptive right in the form of a right of first refusal in a commercial or governmental transaction is release from the Rule against Perpetuities (Rule) as embodied in of recent origin York Estates Powers and Trusts Law (EPTL) section 9-11(b)(3) The court reasoned that of that kind rights, even if unlimited in duration, implicate the order only ...
