Appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (James P. Murphy, J.), entered March 1, 2010 in an action pursuant to RPAPL article 15.
The opinion of the court was delivered by: Smith, J.
New York Supreme and/or Appellate Courts 2010_09778.htm
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 30, 2010
PRESENT: SCUDDER, P.J., SMITH, GREEN, PINE, AND GORSKI, JJ.
The judgment, among other things, granted plaintiff's motion for summary judgment.
LONGSTREET & BERRY, LLP, SYRACUSE (MICHAEL J. LONGSTREET OF COUNSEL), FOR DEFENDANT-APPELLANT. BOND, SCHOENECK & KING, PLLC, SYRACUSE (SUZANNE O. GALBATO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
At issue in this appeal is the New York Rule Against Perpetuities (EPTL 9-1.1 [b]), and the exception to it that is set forth in Metropolitan Transp. Auth. v Bruken Realty Corp. (67 NY2d 156). This litigation arises from an agreement regarding the subject parcel of property between Marie-Louise Chase Tiffany, who was plaintiff's aunt and predecessor in interest, and defendant, who is a real estate developer. Tiffany owned [FN1] property consisting of the subject parcel and approximately 115 acres of undeveloped land surrounding the subject parcel. In a 1981 transaction, Tiffany sold the surrounding undeveloped land to defendant but did not sell the subject parcel, which ...