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Real Property Law
Church's Board Approved Sale
Ballys Management and Capital, LLC v. First Korean Church of New York, 2022 WL 4489269, AppDiv, Second Dept. (memorandum opinion)
In an action for specific performance of a contract of sale, purchaser appealed from Supreme Court's grant of summary judgment to seller. The Appellate Division reversed and reinstated the complaint, holding that seller church had failed to demonstrate that the church's board had failed to approve the sale in accordance with the requirements of the Religious Corporations Law.
On Oct. 1, 2014, purchaser and the church executed a contract for sale of the subject property. The church's president executed the contract on behalf of the church. According to the complaint, the president had informed purchaser that the church's board, which consisted of himself, his wife, and a third family member, had approved the sale. When the church failed to close, purchasers brought this action for specific performance and damages. Supreme Court granted summary judgment to the church, based largely on the church president's affidavit stating that in 2017, after the appraised value of the property had increased, the church's board indicated that it would not process the contract until purchaser explained its plans for development of the property. Purchaser appealed.
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