VISTA DEVELOPERS CORP. v. BOARD OF MANAGERS OF THE DIOCESAN MISSIONARY

651378/14, 16670/14, 16669/14, 16668/14

135 A.D.3d 559 (2016)

25 N.Y.S.3d 73

2016 NY Slip Op 00281

VISTA DEVELOPERS CORP., Appellant, v. BOARD OF MANAGERS OF THE DIOCESAN MISSIONARY AND CHURCH EXTENSIONS SOCIETY OF THE PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF NEW YORK, Respondent.

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

Decided January 19, 2016.


This action arises from a failed contract for the purchase of a multifamily property owned by defendant. Plaintiff buyer refused to close without prior court approval of the sale. The motion court correctly determined that defendant was not required to obtain such approval.

Defendant is a not-for-profit corporation created by a special act of the Legislature in 1912 (L 1912, ch 153, as amended). While the Special Act limits defendant's ability to purchase real property...

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