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INDEP. CHURCH OF THE REALIZATION OF THE WORD OF GOD, INC. v. BD. OF ASSESSORS OF NASSAU COUNTY

72 A.D.2d 554 (1979)

Independent Church of the Realization of the Word of God, Inc., Appellant, v. Board of Assessors of Nassau County, Respondent

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

October 15, 1979

Order reversed and motion denied, with $50 costs and disbursements.

The principal issue on this appeal is whether defendant is entitled to a jury trial in a declaratory judgment action the object of which is a determination that real property owned by the plaintiff is tax exempt. The right to a trial by jury is guaranteed by section 2 of article I of the New York State Constitution "in all cases in which it has heretofore been guaranteed by constitutional provision...

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