About CasePrepPlus

About CasePrepPlus

CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.

 

New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.


 

THIRD DEPARTMENT

REAL PROPERTY LAW, REAL PROPERTY ACTIONS AND PROCEEDINGS LAW (RPAPL), RELIGION.

The 1896 Deed From the Plaintiff, Which Transferred the Property to Defendant Diocese With the Limitation That It Be Used as a Church, Created a Possibility of Reverter Which Transferred the Property Back to the Plaintiff When the Property Stopped Being Used as a Church in 2015

The Third Department, reversing Supreme Court, determined the 1896 deed to defendant Catholic diocese, which limited the use of the property to serving as a church, conveyed a fee on limitation with a possibility of reverter, which transferred the property to back to plaintiff when the diocese stopped using the property as a church in 2015: “[W]e find that defendant’s use of the property for church purposes ceased pursuant to the 2015 decree, thus violating the limitation in the 1896 deed. Accordingly, it reverted to plaintiff, which now owns the property in fee simple.” Paul Smith’s Coll. of Arts & Sciences v. Roman Catholic Diocese of Ogdensburg, 2020 N.Y. Slip Op. 05012, Third Dept 9-17-20