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MAKAR v. ST. NICHOLAS, ETC., CHURCH

78 N.J. Super. 1 (1963)

187 A.2d 353

JOHN MAKAR AND ANNA MAKAR, PLAINTIFFS-APPELLANTS, v. ST. NICHOLAS RUTHENIAN (UKRAINIAN) GREEK CATHOLIC CHURCH OF PASSAIC, N.J., ALSO KNOWN AS ST. NICHOLAS UKRAINIAN CATHOLIC CHURCH OF PASSAIC, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 1963.

Attorney(s) appearing for the Case

Mr. John Sartoga argued the cause for appellants (Messrs. Bartel & Sartoga, attorneys).

Mr. Theodore W. Geiser argued the cause for respondent (Messrs. Pindar, McElroy, Connell & Foley, attorneys).

Before Judges PRICE, SULLIVAN and LEWIS.

The opinion of the court was delivered by PRICE, S.J.A.D.

By this appeal plaintiffs challenge the constitutionality of the "charitable immunity statute" (N.J.S. 2A:53A-7 to 10), contending that, to the extent that its provisions "relate to religious organizations," it contravenes "the religious freedom provision" of the First Amendment of the United States Constitution and certain paragraphs of Article I of the New Jersey Constitution (1947)....

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