1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 2 N.Y.3d
  5. 2 N.Y.3d 585 (2004)
 

64TH ASSOC v. MANHATTAN HOSP.

2 N.Y.3d 585 (2004)

813 N.E.2d 887

780 N.Y.S.2d 746

64TH ASSOCIATES, L.L.C., Appellant, v. MANHATTAN EYE, EAR & THROAT HOSPITAL et al., Respondents.

Court of Appeals of the State of New York.

Decided June 8, 2004.

Attorney(s) appearing for the Case

Wachtel & Masyr, LLP, New York City (John McConnell of counsel), for appellant.

McDermott, Will & Emery, New York City (Elliot Silverman and Andrew B. Roth of counsel), for Manhattan Eye, Ear & Throat Hospital and another, respondents. Judicial disapproval of the contract under N-PCL 511 bars an award of damages under that contract.

Stroock & Stroock & Lavan LLP, New York City (Albert M. Appel of counsel), for Lindsay C. Herkness and others, respondents.

Eliot Spitzer, Attorney General, New York City (Michelle Aronowitz, Caitlin Halligan and Gregory Klass of counsel), for Attorney General of the State of New York, amicus curiae.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

ROSENBLATT, J.

Certain types of not-for-profit entities must obtain judicial approval before selling the bulk of their assets (see Not-For-Profit Corporation Law [N-PCL] § 510 [a] [3]; § 511). In the case before us, a not-for-profit hospital sought to sell its assets to a real estate developer and another hospital. The contract called for the hospital to reimburse the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases