ST. NICHOLAS CATHEDRAL v. KEDROFF


302 N.Y. 1 (1950)

Saint Nicholas Cathedral of the Russian Orthodox Church in North America, Appellant, v. John Kedroff and Benjamin Fedchenkoff, as Archbishop of The Archdiocese of North America and The Aleutian Islands of the Russian Orthodox Greek Catholic Church, Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1950


Attorney(s) appearing for the Case

Ralph Montgomery Arkush for appellant.

Philip Adler for respondents.

LEWIS, DYE and FROESSEL, JJ., concur in opinion by CONWAY, J.; LEWIS, CONWAY and DYE, JJ., concur in separate opinion by FROESSEL, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and FULD, J., concur.


CONWAY, J.

In 1903, a church was built at 15 East 97th Street in New York City, title to which was held by a corporation, created in 1899 under the Religious Corporations Law of this State and named "Russian Orthodox St. Nicholas Church in New York". The church was constructed with funds supplied partly from abroad and partly from local contributions and it was dedicated to the use of the members of the local congregation...

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