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SMITH v. CLARK

185 Misc.2d 1 (2000)

709 N.Y.S.2d 354

JAMES SMITH et al., Plaintiffs, v. MATTHEW CLARK, as Trustee of the Assets of the Roman Catholic Diocese of Rochester, et al., Defendants.

Supreme Court, Monroe County.

April 24, 2000.

Attorney(s) appearing for the Case

Harris, Beach & Wilcox L. L. P., Rochester (Richard N. Chapman of counsel), for defendants.

Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester (Matthew J. Fusco of counsel), for plaintiffs.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The defendants, Bishop Matthew H. Clark, as Trustee of the Assets of the Roman Catholic Diocese of Rochester, New York; the Roman Catholic Diocese of Rochester, New York (Diocese); and Corpus Christi Church of Rochester (Corpus Christi), submit a motion seeking an order dismissing the complaint of plaintiffs, James Smith, Denise Donato, Myra Humphrey and Michael Boucher (collectively referred to as Plaintiffs),...

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