Legal Opinion · Dissent

Smithers v. St. Luke's-Roosevelt Hospital Center

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 2001Published

1DissentFriedman, J.

This appeal has its origins in a $10,000,000 gift made by R. Brinkley Smithers to defendant St. Luke’s-Roosevelt Hospital Center for the creation of an alcoholism treatment program. Mr. Smithers began funding the gift in 1971 and, soon thereafter, in accordance with his desire to establish a free-standing alcohol treatment center, the hospital purchased a building at 56 East 93rd Street in Manhattan for $1,000,000. The building was to provide a non-hospital setting for the rehabilitation portion of the treatment program.

As the majority aptly notes, the relationship between Mr. Smithers and…

2Cases cited12 opinions

  1. Alco Gravure, Inc. v. Knapp FoundationNew York Court of Appeals · 1985
  2. Associate Alumni of General Theological Seminary of Protestant Episcopal Church v. General Theological Seminary of Protestant Episcopal ChurchNew York Court of Appeals · 1900
  3. Carl J. Herzog Foundation, Inc. v. University of BridgeportSupreme Court of Connecticut · 1997
  4. Lefkowitz v. LebensfeldNew York Court of Appeals · 1980
  5. In re St. John's Church of Mt. MorrisAppellate Division of the Supreme Court of the State of New York · 1933

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