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MORRIS v. SCRIBNER

69 N.Y.2d 418 (1987)

Robert E. Morris, Jr., et al., Appellants, v. Charles Scribner, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1987.

Attorney(s) appearing for the Case

Gerald D. Fischer for appellants.

Douglas M. Parker, Judah Gribetz, George A. Pierce, Jr., and Hugh R. Jones for Rector, Church Wardens and Vestrymen of St. Bartholomew's Church in the City of New York, respondent.

William Rand for Charles Scribner, Jr., and others, respondents.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.

SIMONS, J.

This action arises from a dispute between New York City's St. Bartholomew's Church, its rector, church wardens and vestrymen, and a minority of the church's parishioners who oppose the proposed construction of a high-rise commercial office tower on a portion of the church's Park Avenue property. On this appeal, plaintiff parishioners seek a declaratory judgment...

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