Legal Opinion
German Masonic Temple Ass'n v. City of New York
New York Court of Appeals
Decided January 10, 1939PublishedCited by 38 opinions
1Per curiam
Since the material allegations of the complaint are constructively admitted, there is no issue of fact and a declaratory judgment may appropriately be directed. (Dun & Bradstreet, Inc., v. City of New York, 276 N. Y. 198.)
We think that on the facts alleged by the pleading the plaintiff is not within the exemption for “ those charitable and religious institutions which are supported wholly or in part by public subscriptions or endowment and are not organized or operated for profit.” (Local Law No. 29, 1935 [§ 1, If [h], § 2] and Local Law No. 31, 1936 [§ 1, If [h], § 2] of City of New York.)…
2Cases cited1 opinion
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
3Cited by38 opinions
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Stevenson v. News Syndicate Co.New York Court of Appeals · 1950
- Hunt v. Montgomery CountyCourt of Appeals of Maryland · 1968
- Tilcon New York, Inc. v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
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