Kreshik v. Saint Nicholas Cathedral, 363 U.S. 190 (1960)

Kreshik v. Saint Nicholas Cathedral of the

Russian Orthodox Church of North America
No. 824

Decided June 6, 1960
363 U.S. 190

ON PETITION FOR WRIT OF CERTIORARI TO

THE COURT OF APPEALS OF NEW YORK

Syllabus

Certiorari is granted and a decision of the Court of Appeals of New York, holding that, under the common law of New York, petitioners, as the appointees of the Patriarch of Moscow, may not exercise the right conferred under canon law to use and occupy St. Nicholas Cathedral of the Russian Orthodox Church in New York City, is reversed on the authority of Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, since the constitutional principles there applied forbid the judiciary, as well as the legislature, of a State to interfere with the free exercise of religion.

Pp. 190-191.

7 N.Y.2d 191, 164 N.E.2d 687, reversed.