Legal Opinion

Rector v. Melish

New York Court of Appeals

Decided December 5, 1957PublishedCited by 11 opinions

1Opinion of the CourtDesmond, J.

This action is for a judgment declaring plaintiff Sidener to be the rector of the Episcopalian Church of the Holy Trinity in Brooklyn, and restraining defendants from interfering with' the conduct of religious services therein or with the property, funds and management of the church. The Official Referee dismissed the complaint after a trial but the Appellate Division reversed and ordered judgment as demanded in the complaint. The only real question is: were there lawful quorums present at the two vestry meetings which by vote of a majority of the whole number of authorized members chose…

2Cases cited1 opinion

  1. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952

3Cited by11 opinions

  1. Congregation Yetev Lev D'Satmar, Inc. v. KahanaNew York Court of Appeals · 2007
  2. Trustees of the Diocese v. Trinity Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1999
  3. Esformes v. BrinnAppellate Division of the Supreme Court of the State of New York · 2008
  4. Mays v. BurrellAppellate Division of the Supreme Court of the State of New York · 1986
  5. Anthony v. CardinNew York Supreme Court · 1977

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