FILETTO v. ST. MARY OF ASSUMP. CHURCH


61 Misc.2d 278 (1969)

Frank J. Filetto et al., On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. St. Mary of the Assumption Church of Binghamton et al., Defendants.

Supreme Court, Special Term, Broome County.

November 19, 1969


Attorney(s) appearing for the Case

Night, Keller & O'Connor (William E. Night of counsel), for plaintiffs. Mackay & Caswell (William J. Mackay of counsel), for defendants.


HOWARD A. ZELLER, J.

Plaintiffs have moved for summary judgment in this action for a declaratory judgment brought to determine the rights and legal relationships of defendants. Plaintiffs ask to have a merger of the defendant churches declared a nullity, seek to have real property and personal assets restored to two of them, and request other relief. Defendants have cross-moved for a dismissal of the complaint...

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