In re the City of New York

Decree, in so far as appealed from, unanimously affirmed, with costs. Under the proof here adduced, the condition subsequent in the deed by appellants’ ancestors to the city of New York’s predecessor in title has never been breached; therefore there has been no reverter to the grantors or their successors *876under the deed which appellants invoke. As of the date of vesting of title in this proceeding, appellants owned a possibility that the reverter clause might become operative to their advantage in the future as a consequence of a user for some purpose other than a sewer. Under these…