Legal Opinion · Dissent
Manhattan Theatre Club, Inc. v. Bohemian Benevolent & Literary Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1984Published
1Dissent
Carro and Alexander, JJ., dissent in a memorandum by Carro, J., as follows:
We would reverse the order of Supreme Court, approve the sale under the terms of subdivision (d) of section 511 of the Not-For-Profit Corporation Law, and grant specific performance to plaintiff. H Both parties are not-for-profit corporations. Plaintiff has been a tenant in defendant’s 73rd Street building since 1970. The rest of that five-story building goes largely unused for the simple reason that defendant has not been financially secure enough to keep the structure up to building and fire code specifications.…
2Cases cited14 opinions
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Church of God of Prospect Plaza v. Fourth Church of ChristNew York Court of Appeals · 1981
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Church of God of Prospect Plaza v. Fourth Church of ChristAppellate Division of the Supreme Court of the State of New York · 1980
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