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MATTER OF ST. LUKE'S HOSP.

33 Misc.2d 888 (1962)

In the Matter of St. Luke's Hospital.

Supreme Court, Special Term, New York County.

March 17, 1962

Attorney(s) appearing for the Case

Rice & Perrin (Robert M. Peers and Robert M. McCulloch of counsel), for St. Luke's Hospital, petitioner. John M. Keegan and Raymond J. O'Connor for Consolidated Edison Company. Thacher, Proffitt, Prizer, Crawley & Wood (Henry W. Proffitt, John W. Wheeler and John J. Leibell of counsel), for Trustees of Columbia University. Louis J. Lefkowitz, Attorney-General (P. Hodges Combier of counsel), for ultimate charitable beneficiaries. Cox, Treanor & Shaughnessy (Joseph R. Shaughnessy of counsel), for Remedco Corp., amicus curiæ. William Mertens for Hamilton Republican Club, Inc., amicus curiæ. George Gray Zabriskie for Horace W. B. Donegan, Bishop of New York, and others. Albert A. Avallon, Jr., for Moise Atlas and others. Robert B. Blaikie, amicus curiæ for residents in opposition to sale. William Fitts Ryan for Franz S. Leichter and others.

VINCENT A. LUPIANO, J.

Petitioner, St. Luke's hospital, a domestic membership corporation, applies under section 21 of the Membership Corporations Law and article 5 of the General Corporation Law for permission to sell the real property described in the petition, for which a contract of sale was entered into between petitioner and Consolidated Edison Company of New York, Inc., on November 22, 1961, calling for...

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