Legal Opinion

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

New York Court of Appeals

Decided July 7, 1981PublishedCited by 54 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Until and unless both leave of the court and appropriate denominational authorization have been obtained as re*744quired by section 12 of the Religious Corporations Law, such a corporation may not sell any of its real property. While under that statute it cannot make a valid conveyance without judicial sanction, it is established that it may enter into a contract to sell conditioned upon obtaining court approval. Moreover, in an action for specific performance, a court of equity “has ample power to inquire into…

2Cases cited7 opinions

  1. Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
  2. Muck v. . HitchcockNew York Court of Appeals · 1914
  3. Muck v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1912
  4. Wilson v. Ebenezer Baptist Church, Inc.New York Supreme Court · 1959
  5. Associate Presbyterian Congregation of Hebron v. HannaAppellate Division of the Supreme Court of the State of New York · 1906

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

3Cited by54 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. Smitas v. RickettAppellate Division of the Supreme Court of the State of New York · 1984
  5. Rose Ocko Foundation, Inc. v. LebovitsAppellate Division of the Supreme Court of the State of New York · 1999

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

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