Legal Opinion · Dissent

Congregation Yetev Lev D'Satmar, Inc. v. Kahana

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 2006Published

1DissentSpolzino, J.

and votes to reverse the order and judgment insofar as appealed from, and remit the matter to the Supreme Court, Kings County, for a determination with respect to the merits of the proceeding, with the following memorandum: The proceeding at issue on appeal was brought pursuant to Not-for-Profit Corporation Law § 618. Pursuant to that provision, the Supreme Court is required, £<[u]pon the petition of any member aggrieved by [the] election” to “forthwith hear the proofs and allegations of the parties, and confirm the election, order a new election, or take such other action as justice may…

2Cases cited24 opinions

  1. First Presbyterian Church v. United Presbyterian Church in United StatesNew York Court of Appeals · 1984
  2. Merkos L'InyoneI Chinuch, Inc. v. Otsar Sifrei Lubavitch, Inc.Court of Appeals for the Second Circuit · 2002
  3. Carney v. New York Life InsuranceNew York Court of Appeals · 1900
  4. Avitzur v. AvitzurNew York Court of Appeals · 1983
  5. In re KaminskyAppellate Division of the Supreme Court of the State of New York · 1937

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API