WEST MIDDLEBURY BAPTIST CHURCH v. KOESTER


50 A.D.3d 1494 (2008)

856 N.Y.S.2d 392

WEST MIDDLEBURY BAPTIST CHURCH, Appellant, v. KEVIN A. KOESTER et al., Respondents.

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

Decided April 25, 2008.


It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the first cause of action is reinstated and judgment is granted in favor of plaintiff as follows:

"It is ORDERED, ADJUDGED and DECREED that plaintiff is the owner in fee simple of the property at issue, and the counterclaim is dismissed."

Memorandum:

As limited by its brief, plaintiff appeals from a judgment that, following a bench trial...

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