Gell v. St. Finbar's Roman Catholic Church

Appellate Division of the Supreme Court of New York

Gell v. St. Finbar's Roman Catholic Church

57 A.D.2d 545, 392 N.Y.S.2d 1021, 1977 N.Y. App. Div. LEXIS 11484

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 1977

StatusPublished

This text of 57 A.D.2d 545 (Gell v. St. Finbar's Roman Catholic Church) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gell v. St. Finbar's Roman Catholic Church, 57 A.D.2d 545, 392 N.Y.S.2d 1021, 1977 N.Y. App. Div. LEXIS 11484 (N.Y. Ct. App. 1977).

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Opinion

In an action, inter alia, to enjoin defendant St. Finbar’s Roman Catholic Church from keeping its parking lot open except for church functions, the said defendant appeals from so much of an order of the Supreme Court, Kings County, dated August 17, 1976, as directed it to comply with a certain order of Mr. Justice Multer, dated November 25, 1975, as modified by an order of the Appellate Division, Second Department, dated April 19, 1976. Appeal dismissed, without costs or disbursements. The order appealed from merely directs appellant to comply with a prior order of Special Term, as modified by this court in Gell v St. Finbar’s R. C. Church (52 AD2d 615). The arguments raised on the instant appeal are identical to those reviewed on the prior appeal. In the absence of new arguments or evidence, further review is not warranted and appellant must comply with the reasonable meaning of the order of Special Term dated November 25, 1975, as modified by the order of this court, dated April 19, 1976. Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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In an action, inter alia, to enjoin defendant St. Finbar’s Roman Catholic Church from keeping its parking lot open except for church functions, the said defendant appeals from so much of an order of the Supreme Court, Kings County, dated August 17, 1976, as directed it to comply with a certain order of Mr. Justice Multer, dated November 25, 1975, as modified by an order of the Appellate Division, Second Department, dated April 19, 1976. Appeal dismissed, without costs or disbursements. The order appealed from merely directs appellant to comply with a prior order of Special Term, as modified by this court in Gell v St. Finbar’s R. C. Church (52 AD2d 615). The arguments raised on the instant appeal are identical to those reviewed on the prior appeal. In the absence of new arguments or evidence, further review is not warranted and appellant must comply with the reasonable meaning of the order of Special Term dated November 25, 1975, as modified by the order of this court, dated April 19, 1976. Margett, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

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Bluebook (online)

57 A.D.2d 545, 392 N.Y.S.2d 1021, 1977 N.Y. App. Div. LEXIS 11484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gell-v-st-finbars-roman-catholic-church-nyappdiv-1977.

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