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ST. LAWRENCE UNIV. v. THEO. SCH.

27 A.D.2d 106 (1966)

St. Lawrence University, Respondent, v. Trustees of the Theological School of St. Lawrence University, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1966.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols (Charles E. Nichols of counsel), for appellant.

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff and Margrethe R. Powers of counsel), for respondent.

Harris, Beach, Keating, Wilcox, Dale & Linowitz for New York State Convention of Universalists, amicus curiæ.

GIBSON, P. J., and REYNOLDS, J., concur with HERLIHY, J.; STALEY, JR., and BRINK, JJ., concur in part and dissent in part, and vote to modify the order appealed from by deleting the provision thereof awarding summary judgment, and to affirm the order as so modified, in an opinion by BRINK, J., in which STALEY, JR., J., concurs.

HERLIHY, J.

This is an appeal by the defendant from a judgment of Special Term which denied the defendant's motion for dismissal of the complaint for failure to state a cause of action and granted summary judgment for the plaintiff.

The complaint alleged that on June 30, 1965 the Trustees of the Theological School of St. Lawrence University (hereinafter referred to as Trustees) discontinued the operation...

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