Appellate Division of the Supreme Court of New York, 1940

Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming

Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming
Appellate Division of the Supreme Court of New York · Decided November 4, 1940
260 A.D. 930; 23 N.Y.S.2d 46; 1940 N.Y. App. Div. LEXIS 5502
Rector, Churchwardens & Vestrymen of Church of Nativity v. Fleming

Opinion of the Court

Plaintiffs appeal from an order dismissing their complaint on the ground of insufficiency and from the judgment entered thereon. Order and judgment unanimously affirmed, with ten dollars costs and disbursements to the respondent. In this action for a declaratory judgment the plaintiff church seeks to enjoin the defendants from levying execution on its real property on a money judgment, and other relief. No statutory provision is contained in the law expressly exempting church property from sale under execution, and the safeguards provided by the Legislature against voluntary sale, mortgage or lease of real property of a religious corporation do not exempt such property from sale by operation of law. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ. [174 Mise. 473.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.