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HOLY CROSS POLISH NATIONAL CATHOLIC CHURCH OF NEW YORK, INC. v. MILAZZO

27 A.D.3d 373 (2006)

814 N.Y.S.2d 92

HOLY CROSS POLISH NATIONAL CATHOLIC CHURCH OF NEW YORK, INC., Respondent, v. LOUIS T. MILAZZO et al., Appellants, et al., Defendant.

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

March 28, 2006.

Inasmuch as the complaint alleges that the proceeds from the 1988 sale of plaintiff corporation's property were converted in or about 1991, and it is plain that the congregation was indisputably on notice of that circumstance in 1994, when, as plaintiff's proof at the hearing as to standing demonstrates, the authority of defendants Milazzo and Slomiak to act as plaintiff's trustees was repudiated for cause and an action was commenced by plaintiff's bishop and several congregants...

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