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112 EAST 35TH STREET, LLC v. NEW YORK SOCIETY OF THE NEW CHURCH

10850, 603218/07

114 A.D.3d 401 (2014)

980 N.Y.S.2d 749

2014 NY Slip Op 590

112 EAST 35TH STREET, LLC, Respondent, v. NEW YORK SOCIETY OF THE NEW CHURCH, Appellant.

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

Decided February 4, 2014.

We hold that the parties' utilities agreement requires court approval, pursuant to Religious Corporations Law § 12 (1), because it modifies the parties' previously approved purchase agreement (see Beacon Term. Corp. v Chemprene, Inc., 75 A.D.2d 350, 354 [2d Dept 1980], lv denied 51 N.Y.2d 706 [1980]). We remand for a determination concerning retroactive judicial approval (see Congregation Yetev Lev D'Satmar of Kiryas...

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