Legal Opinion

64th Associates, L.L.C. v. Manhattan Eye, Ear & Throat Hospital

New York Court of Appeals

Decided June 8, 2004PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

Certain types of not-for-profit entities must obtain judicial approval before selling the bulk of their assets (see Not-For-Profit Corporation Law [N-PCL] § 510 [a] [3]; § 511). In the case before us, a not-for-profit hospital sought to sell its assets to a real estate developer and another hospital. The contract called for the hospital to reimburse the developer for out-of-pocket expenses in an amount up to $800,000 should the hospital fail to obtain judicial approval of the proposed sale. Supreme Court disapproved the sale.

In a subsequent action in which…

2Cases cited5 opinions

  1. McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
  2. Szerdahelyi v. HarrisNew York Court of Appeals · 1986
  3. Church of God of Prospect Plaza v. Fourth Church of ChristNew York Court of Appeals · 1981
  4. Church of God of Prospect Plaza v. Fourth Church of ChristAppellate Division of the Supreme Court of the State of New York · 1980
  5. Manhattan Eye, Ear & Throat Hospital v. SpitzerNew York Supreme Court · 1999

3Cited by15 opinions

  1. Beth Israel Medical Center v. Horizon Blue Cross & Blue Shield of New Jersey, Inc.Court of Appeals for the Second Circuit · 2006
  2. Beth Israel Medical Center v. Horizon Blue Cross And Blue Shield Of New Jersey, Inc.Court of Appeals for the Second Circuit · 2006
  3. Whitehaven S.F., LLC v. SpanglerDistrict Court, S.D. New York · 2014
  4. Ring v. Elizabeth Foundation for the ArtsAppellate Division of the Supreme Court of the State of New York · 2016
  5. RAGHAVENDRA v. Trustees of Columbia UniversityDistrict Court, S.D. New York · 2010

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