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BD. OF MGRS. v. CHURCH

164 Misc.2d 661 (1993)

628 N.Y.S.2d 471

Board of Managers of the Diocesan Missionary and Church Extension Society of the Protestant Episcopal Church in the Diocese of New York, Plaintiff, v. Church of the Holy Comforter et al., Defendants.

Supreme Court, Dutchess County.

May 28, 1993

Attorney(s) appearing for the Case

John A. Wolf, Poughkeepsie, for Church of the Holy Comforter, defendant. Guernsey, Butts & Walsh, Poughkeepsie, for plaintiff.

JOSEPH JIUDICE, J.

In this action by the plaintiff for a declaratory judgment and for other relief, the defendant originally moved to dismiss all causes of action pursuant to CPLR 3211.

The court, pursuant to CPLR 3211 (c), treated the defendant's motion as one for summary judgment.

The Church of the Holy Comforter, referred to hereafter as defendant, was incorporated as a Free Church under...

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