Diocese of Buffalo v. McCarthy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J.
The center of this dispute is a building located at 76 Church Street in the City of Buffalo owned by the Diocese of Buffalo and occupied by defendant Michael McCarthy and his subtenants, the other defendants, under a lease negotiated in April, 1973. Several points are raised on this appeal but the issue of paramount importance concerns the validity of that lease. For the reasons which follow, we hold that the lease is illegal and void ab initio and that defendants must remove from the premises.
The subject property is part of a church complex designated “St.…
2Cases cited11 opinions
- Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Crawford v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1974
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Church of God of Prospect Plaza v. Fourth Church of ChristNew York Court of Appeals · 1981
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3Cited by21 opinions
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- In re Leala T.Appellate Division of the Supreme Court of the State of New York · 2008
- Rende & Esposito Consultants, Inc. v. St. Augustine's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1987
- 2641 Concourse Co. v. City University of New YorkNew York Court of Claims · 1987
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