Saturday, September 20, 2008

NY Court Orders Specific Performance of Land Sale By Religious Corporation

In Scher v Yeshivath Makowa Corp., (NY App. Div., Sept. 16, 2008), a New York appellate court rejected an attempt by a religious corporation to back out of a contract for sale of its property. The NY Religious Corporation Law, Sec. 12, provides that a religious corporation must apply for leave of a court to sell property. However, here the court held that the trial court properly ordered specific performance once it determined that the contract price was fair and reasonable at the time it was made. [Thanks to J.J. Landa for the lead.]