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RECTOR v. COMMITTEE

85 A.D.2d 425 (1982)

Rector, Church Wardens and Vestrymen of St. Bartholomew's Church in the City of New York, Respondent, v. Committee to Preserve St. Bartholomew's Church, Inc., et al., Appellants

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

March 11, 1982

Attorney(s) appearing for the Case

Gerald D. Fischer of counsel (Lefrak Fischer & Myerson, attorneys), for appellants.

Paul Windels, Jr., of counsel (Kenneth W. Greenawalt, Raymond T. Munsell and Todd B. Sollis with him on the brief; Windels, Marx, Davies & Ives, attorneys), for respondents.

SANDLER, J. P., SULLIVAN and MARKEWICH, JJ., concur with ASCH, J.; LUPIANO, J., dissents in an opinion.

ASCH, J.

This case involves the proposal to sell a portion of the realty of St. Bartholomew's Church in the City of New York for the construction of a high-rise office building. On this appeal, the appellant committee et al. seek to impugn the election by which the church membership approved the plan.

Subdivision 6 of section 43 of the Religious Corporations Law sets forth certain voter qualifications...

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