Alco Gravure, Inc. v. Knapp Foundation
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Because the Not-For-Profit Corporation Law (N-PCL) provisions governing a Type B corporation1 expressly incorporate a quasi-cy pres principle with respect to both the administration and use of its assets (§ 513 [b]; § 522) and the transfer of its assets on dissolution (§ 1005 [a] [3] [A]; § 1008 [a] [15]), section 804 of that law, which permits amendment of the certificate of incorporation of such a corporation, cannot be construed to authorize an amendment inconsistent with the purposes for which funds were given to the corporation without compliance with such…
2Cases cited18 opinions
- Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
- National Organization for Women v. State Division of Human RightsNew York Court of Appeals · 1974
- Trustees of the Sailors' Snug Harbor v. CarmodyNew York Court of Appeals · 1914
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3Cited by59 opinions
- Consumers Union of U.S., Inc. v. StateNew York Court of Appeals · 2005
- Cassidy v. Board of EducationCourt of Appeals of Maryland · 1989
- Hooker v. Edes HomeDistrict of Columbia Court of Appeals · 1990
- Robert Schalkenbach Foundation v. Lincoln Foundation, Inc.Court of Appeals of Arizona · 2004
- Smithers v. St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2001
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