KNIGHT v. PRESBYTERY OF W. N. Y.


26 A.D.2d 19 (1966)

Earl C. Knight et al., Respondents, v. Presbytery of Western New York, Appellant

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

May 19, 1966.


Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (John E. Leach of counsel), for appellant.

Willett & Wallace (Charles D. Wallace of counsel), for respondents.

George Wilson McKeag for William P. Thompson and another, individually, as members of the United Presbyterian Church in the United States of America, and as Moderator and Stated Clerk, respectively, of the General Assembly of said Church, amici curiæ.

WILLIAMS, P. J., GOLDMAN, DEL VECCHIO and MARSH, JJ., concur.


BASTOW, J.

This appeal presents as the basic issue the extent courts may intrude into or interfere with the temporal affairs of a religious corporation at the instance of certain dissatisfied members thereof. Plaintiffs, who are elders in churches within the district of defendant, seek to permanently restrain the latter from expending some $35,000.

Special Term granted temporary restraint, denied defendant...

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