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CHURCH OF GOD v. 4TH CHURCH

76 A.D.2d 712 (1980)

Church of God of Prospect Plaza, Respondent-Appellant, v. Fourth Church of Christ, Scientist, of Brooklyn, Appellant-Respondent

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

September 22, 1980

Attorney(s) appearing for the Case

Thacher, Proffitt & Wood (Dwight B. Demeritt, Jr., and Anthony Limitone, Jr., of counsel), for appellant-respondent.

Stephen A. Humsjo for respondent-appellant.

HOPKINS, J. P., MARTUSCELLO and WEINSTEIN, JJ., concur.

DAMIANI, J.

This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, which awarded the plaintiff money damages for breach of a contract to sell real property owned by the defendant and upon which its church edifice was erected. The plaintiff cross-appeals from so much of the judgment as failed to direct specific performance of the contract.

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