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MARTINSEN v. CAMPERLINO

1556 CA 10-01065.

81 A.D.3d 256 (2010)

913 N.Y.S.2d 454

ALIX MARTINSEN, Respondent, v. W. JAMES CAMPERLINO, Appellant.

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

Decided December 30, 2010.

Attorney(s) appearing for the Case

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.

SCUDDER, P.J., GREEN, PINE and GORSKI, JJ., concur.

OPINION OF THE COURT

SMITH, J.

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 N.Y.2d 156 [1986]). 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...

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