ROMAN CATHOLIC DIOCESE OF BROOKLYN, N.Y. v. CHRIST THE KING REGIONAL HIGH SCHOOL

2014-09845, Index No. 704996/13.

149 A.D.3d 994 (2017)

2017 NY Slip Op 03029

53 N.Y.S.3d 85

ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK, Appellant, v. CHRIST THE KING REGIONAL HIGH SCHOOL, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 19, 2017.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In an agreement dated August 31, 1976 (hereinafter the 1976 Agreement), the plaintiff agreed to convey title to a parcel of property in Middle Village to the defendant, "to have and to hold the same so long as the [defendant] continues the operation of a Roman Catholic high school upon the premises, ... upon the cessation of which all rights, title and interest...

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