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ST. NICHOLAS CATHEDRAL v. KRESHIK

7 N.Y.2d 191 (1959)

Saint Nicholas Cathedral of the Russian Orthodox Church of North America, Appellant, v. Wassil A. Kreshik, as Dean of Saint Nicholas Cathedral, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Charles H. Tuttle, Ralph Montgomery Arkush, Thomas A. Shaw, Jr., Stuart H. Johnson, Jr., and Walter V. Bouquet for appellant.

Philip Adler for respondents.

Judges DYE, FROESSEL and VAN VOORHIS concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion in which Judges FULD and BURKE concur.

Chief Judge CONWAY.

Two groups contend in this action for the right to the use and occupancy of St. Nicholas Cathedral in New York City. Both partake of the doctrine, creed and spiritual heritage of the Russian Orthodox Church, which is one of a loose association of eastern orthodox churches tracing a common origin and existence to the year 1054 when the Patriarch of Constantinople ceased to recognize the authority...

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