NY Real Prop Actions L § 612 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 6 - Action to Recover Real Property 612 - Where Action Cannot Be Maintained; Action Based on Reverter or Breach of Condition Subsequent.

§  612. Where action cannot be maintained; action based on reverter or   breach of condition subsequent. 1. Except as otherwise provided in  this   section,  an action to recover the possession of real property cannot be   maintained where it is founded upon a claim of reverter of an estate  in   fee  conveyed  upon special limitation or founded upon a claim of breach   of a condition subsequent, other than a condition of a lease for a  term   of  years,  unless  (a)  within  ten  years  after the occurrence of the   reverter or the first occurrence of the breach, the  plaintiff,  or  any   predecessor  in  interest then entitled to possession or to exercise the   power of termination, shall have  served  upon  the  person  or  persons   against  whom the action might then have been commenced a written demand   that possession be delivered, stating the ground thereof, and the action   is commenced within one year thereafter or (b), if  no  such  demand  is   served, the action is commenced within such ten years.2.  Where the reverter or breach occurred before September 1, 1963, an   action may be maintained if demand is made as provided in  this  section   before  the  expiration of ten years computed from the occurrence of the   reverter or the  first  occurrence  of  the  breach,  or  on  or  before   September  1,  1965,  whichever  is  later,  and the action is commenced   within one year thereafter or if, without previous demand as provided in   this section, the action is commenced before the expiration of ten years   computed from the occurrence of the reverter or the first occurrence  of   the breach, or on or before September 1, 1965, whichever is later.3. The demand shall be served either personally or by mailing the same   by  certified  mail  addressed to the person or persons against whom the   action might then have been  commenced,  at  his  or  their  last  known   address or addresses.4.  The  demand  may  be  made on behalf of an infant by his parent or   guardian or by the person with whom he resides, may be made on behalf of   an incompetent by the committee of his person or property,  and  may  be   made  on  behalf of a conservatee by the conservator of his property. If   the person entitled to maintain the action shall have died,  the  demand   may  be  made  either  by  the  persons  succeeding  to the right of the   decedent,  or  one  of  them,  or  on  their  behalf  by  the   personal   representative of the decedent.5.  The  demand  shall  become  ineffective  unless  action to recover   possession in accordance therewith is commenced within one year from the   date of service thereof. If no action is commenced, or no such demand is   served within the time specified in subdivisions  1  or  2,  or  if  the   demand  served  becomes  ineffective,  it shall be conclusively presumed   that the possibility of reverter  by  reason  of  which  the  estate  is   claimed  to have reverted, or the power of termination for breach of the   condition which is claimed to have been broken, was extinguished  at  or   before  the  date  when  the  reverter would have occurred or a right of   entry would have accrued by reason of such possibility  of  reverter  or   breach of such condition.6. The operation of this section is not affected by any disability, or   by  the  fact  that  the  person against whom the action might have been   brought within the  period  herein  provided  was  during  that  time  a   non-resident  or  absent from the state, and is not affected by any lack   of knowledge on the part of any person that the reverter or  breach  has   occurred,  unless  it  is  established  that  the  facts  upon which the   reverter occurred, or the facts constituting the breach, were  concealed   from  the  plaintiff  or his predecessor in interest by actual fraud. If   such fraud be established, the time provided in subdivision 1 or 2 shall   commence to run when the facts are discovered by a  person  entitled  to   serve the demand as provided in this section. 7.  This  section  does  not limit any other statute or rule of law or   equity by which a possibility of reverter or right of entry is or may be   extinguished or rendered unenforceable, or by which an action to recover   possession of the property may be extinguished or barred.