Legal Opinion

Church of God of Prospect Plaza v. Fourth Church of Christ

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

Decided September 22, 1980PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Damiani, J.

This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, which awarded the plaintiff money damages for breach of a contract to sell real property owned by the defendant and upon which its church edifice was erected. The plaintiff cross-appeals from so much of the judgment as failed to direct specific performance of the contract.

Because of a decline in its membership the defendant, Fourth Church of Christ, Scientist, of Brooklyn, New York, decided to sell its house of worship and move to a smaller facility which it also owned.…

2Cases cited18 opinions

  1. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  2. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  3. Scheck v. FrancisNew York Court of Appeals · 1970
  4. Municipal Consultants & Publishers, Inc. v. Town of RamapoNew York Court of Appeals · 1979
  5. Schwartz v. GreenbergNew York Court of Appeals · 1952

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3Cited by45 opinions

  1. R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
  2. Mosdos Chofetz Chaim, Inc. v. RBS Citizens, N.A.District Court, S.D. New York · 2014
  3. Diocese of Buffalo v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1983
  4. Rose Ocko Foundation, Inc. v. LebovitsAppellate Division of the Supreme Court of the State of New York · 1999
  5. 64th Associates, L.L.C. v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 2004

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