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Real Property Law
Possibility of Reverter Enforced
Paul Smith's College of Arts and Sciences v. Roman Catholic Diocese of Ogdensburg 2020 WL 5549734 AppDiv, Third Dept., 9/17/20 (Opinion by Garry, P.J.)
In an action by a private college for a determination that it owned property in fee simple, the college appealed from Supreme Court's grant of summary judgment to the Roman Catholic Diocese. The Appellate Division reversed, holding that because the diocese initially acquired a fee simple determinable, and the diocese had stopped using the property for church purposes, the private college, as the grantor's successor, had acquired a fee simple absolute in the property.
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