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German Masonic Temple Ass'n v. City of New York

18 N.E.2d 657, 279 N.Y. 452, 1939 N.Y. LEXIS 878
CourtNew York Court of Appeals
DecidedJanuary 10, 1939
StatusPublished
Cited by40 cases

This text of 18 N.E.2d 657 (German Masonic Temple Ass'n v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
German Masonic Temple Ass'n v. City of New York, 18 N.E.2d 657, 279 N.Y. 452, 1939 N.Y. LEXIS 878 (N.Y. 1939).

Opinion

Per Curiam.

Since the material allegations of the complaint are constructively admitted, there is no issue of fact and a declaratory judgment may appropriately be directed. (Dun & Bradstreet, Inc., v. City of New York, 276 N. Y. 198.)

We think that on the facts alleged by the pleading the plaintiff is not within the exemption for “ those charitable and religious institutions which are supported wholly or in part by public subscriptions or endowment *458 and are not organized or operated for profit.” (Local Law No. 29, 1935 [§ 1, If [h], § 2] and Local Law No. 31, 1936 [§ 1, If [h], § 2] of City of New York.) Concededly the plaintiff association is operated for profit. It is not enough that all its profits are devoted to the maintenance of an asylum which is purely charitable in character. The exemption does not extend to such a situation.

The judgments dismissing the complaint should be reversed and judgment directed for the defendants in accordance with this opinion, with costs in all courts.

Crane, Ch. J., Lehman, Loughran, Finch and Rippey, JJ., concur; O’Brien and Htjbbs, JJ., taking no part.

Judgment accordingly.

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Bluebook (online)
18 N.E.2d 657, 279 N.Y. 452, 1939 N.Y. LEXIS 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/german-masonic-temple-assn-v-city-of-new-york-ny-1939.