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KREHEL v. EASTERN ORTHODOX CATHOLIC CHURCH IN AM.

12 A.D.2d 465 (1960)

Theophil D. Krehel, Appellant, v. Eastern Orthodox Catholic Church in America, Respondent

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

November 17, 1960

Order and judgment affirmed, with costs to the respondent.

Eager, J., dissents in part in the following memorandum:

I concur in the affirmance of the order and judgment appealed from insofar as it dismisses the first cause of action. Upon the defendant's motion for summary judgment, the plaintiff was bound to come forward and present facts and details in support of such cause of action. He was bound to show that his claim is real and capable of...

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