CHURCH OF GOD OF PROSPECT PLAZA v. FOURTH CHURCH OF CHRIST, SCIENTIST, OF BROOKLYN


54 N.Y.2d 742 (1981)

Church of God of Prospect Plaza, Appellant, v. Fourth Church of Christ, Scientist, of Brooklyn, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1981.


Attorney(s) appearing for the Case

Stephen A. Humsjo for appellant.

Dwight B. Demeritt, Jr., and Paul V. Nunes for respondent.

Judges JASEN, JONES, WACHTLER and FUCHSBERG concur; Chief Judge COOKE concurs in result in a concurring opinion in which Judges GABRIELLI and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Until and unless both leave of the court and appropriate denominational authorization have been obtained as required by section 12 of the Religious Corporations Law, such a corporation may not sell any of its real property. While under that statute it cannot make a valid conveyance without judicial sanction...

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