Smithers v. St. Luke's-Roosevelt Hospital Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
The issue before us is whether the estate of the donor of a charitable gift has standing to sue the donee to enforce the terms of the gift. We conclude that in the circumstances here present plaintiff estate does have the necessary standing.
A recitation of the factual allegations in the complaint, which must be deemed true on this application to dismiss (see, e.g., Cron v Hargro Fabrics, 91 NY2d 362), is instructive. Plaintiff Adele Smithers is the widow of R. Brinkley Smithers, a recovered alcoholic who devoted the last 40 years of his life to the treatment and…
2Cases cited10 opinions
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
- Alco Gravure, Inc. v. Knapp FoundationNew York Court of Appeals · 1985
- Associate Alumni of General Theological Seminary of Protestant Episcopal Church v. General Theological Seminary of Protestant Episcopal ChurchNew York Court of Appeals · 1900
- Carl J. Herzog Foundation, Inc. v. University of BridgeportSupreme Court of Connecticut · 1997
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3Cited by21 opinions
- Pearson v. Garrett-Evangelical Theological Seminary, Inc.District Court, N.D. Illinois · 2011
- Lucker v. Bayside CemeteryAppellate Division of the Supreme Court of the State of New York · 2013
- Siebach v. Brigham Young UniversityCourt of Appeals of Utah · 2015
- Hardt v. Vitae Foundation, Inc.Missouri Court of Appeals · 2009
- Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLCAppellate Division of the Supreme Court of the State of New York · 2013
16 more not listed; retrieve them via the Exa API.