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NORDEN REST. v. SONS OF REV

73 A.D.2d 213 (1980)

Norden Restaurant Corporation, Respondent, v. Sons of the Revolution in the State of New York, Appellant

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

March 13, 1980

Attorney(s) appearing for the Case

William T. Livingston, III, of counsel (Bachner, Tally & Mantell, attorneys), for appellant.

Joseph D. De Salvo of counsel (Greenspan & Jaffe, attorneys), for respondent.

FEIN and SULLIVAN, JJ., concur with ROSS, J; MURPHY, P. J., and KUPFERMAN, J., dissent, in part, in an opinion by KUPFERMAN, J.

ROSS, J.

The corporate defendant, formed in 1883, is a patriotic organization dedicated to keeping alive the best traditions of the "Spirit of `76". This not-for-profit corporation is the owner of historic Fraunces Tavern, a five-building, interconnected complex located in lower Manhattan. In 1904, defendant acquired this property through a bequest from a descendant...

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