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BOHEMIAN CHURCH v. GREEK CATH

94 Misc.2d 841 (1978)

Bohemian Brethren Presbyterian Church, Also Known as Jan Hus Church (United Presbyterian), Plaintiff, v. Greek Archdiocesan Cathedral of the Holy Trinity, Also Known as Hellenic Eastern Orthodox Church of New York, Greek Orthodox Cathedral of New York, Greek Cathedral of the Holy Trinity, Defendant.

Supreme Court, Special Term, New York County.

April 24, 1978

Attorney(s) appearing for the Case

Theodore O. Prounis, P. C., for defendant. Thal & Youtt for plaintiff.

SIDNEY H. ASCH, J.

Defendant has moved to dismiss the complaint herein on the grounds that it fails to state a cause of action (CPLR 3211, subd [a], par 7); that the action is barred under the provisions of section 2001 of the Real Property Actions and Proceedings Law; and further that the action is barred by laches.

If defendant's motion for dismissal is denied by this court, defendant then seeks an...

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