ST. NICHOLAS CATHEDRAL v. KEDROFF


276 A.D. 309 (1950)

Saint Nicholas Cathedral of the Russian Orthodox Church in North America, Appellant, v. John Kedroff and Benjamin Fedchenkoff, as Archbishop of The Archdiocese of North America and the Aleutian Islands of the Russian Orthodox Greek Catholic Church, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 17, 1950.


Attorney(s) appearing for the Case

Ralph Montgomery Arkush for appellant.

Philip Adler for respondents.

COHN and SHIENTAG, JJ., concur with CALLAHAN, J.; VAN VOORHIS, J., dissents and votes to reverse in an opinion in which DORE, J., concurs.


CALLAHAN, J.

This action in ejectment involves a dispute over the right to possess and use certain church property known as Saint Nicholas Cathedral of the Russian Orthodox Church located on East 97th Street in the city of New York. The dispute has its origin in a break or schism within that church following the Bolshevik revolution in 1918.

Prior to that time the Russian Orthodox Church was a worldwide...

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