Second Department affirms that the Presbytery holds a trust interest in a departing congregation’s 240 Main Street property under PCUSA’s constitutional trust clause and New York’s neutral principles of law approach.
Second Department affirms that a HOA lien foreclosure purchaser who recorded its deed after a bank notice of pendency was filed had constructive notice of the bank foreclosure and cannot pursue a quiet title claim under RPAPL article 15.
The Appellate Division, Second Department modifies a Nassau County order to grant summary judgment dismissing an adverse possession counterclaim, holding that a metal fence erected in 2014 constitutes a de minimis non-structural encroachment deemed “permissive and non-adverse” under RPAPL 543(1), as amended in 2008 to curb bad-faith boundary-line squatting.