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MATTER OF LUTHERAN CHURCH OF OUR SAVIOR

290 A.D.2d 509 (2002)

736 N.Y.S.2d 276

In the Matter of LUTHERAN CHURCH OF OUR SAVIOR, Appellant. HUDSON TEMPLE CHURCH OF GOD IN CHRIST, Respondent.

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

Decided January 22, 2002.

Ordered that the order is affirmed, with costs.

It is well settled that where a case is tried without a jury, this Court's power to review the evidence "is as broad as that of the trial court, bearing in mind, of course, that due regard must be given to the decision of the Trial Judge who was in a position to assess the evidence and the credibility of the witnesses" (BGW Dev. Corp. v Mount Kisco Lodge No. 1552, 247 A.D.2d 565

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