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PRESBYTERY v. TRUSTEES

2008-04618.

72 A.D.3d 78 (2010)

895 N.Y.S.2d 417

PRESBYTERY OF HUDSON RIVER OF PRESBYTERIAN CHURCH (U.S.A.) et al., Appellants, v. TRUSTEES OF FIRST PRESBYTERIAN CHURCH AND CONGREGATION OF RIDGEBERRY, Also Known as RIDGEBURY CHURCH AND/OR THE CHURCH AT RIDGEBURY, et al., Respondents, et al., Defendant.

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

Decided January 12, 2010.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, LLP, New York City ( Sarah E. Barrows of counsel), for appellants.

Jacobwitz and Gubits, LLP, Walden ( Donald G. Nichol of counsel), for respondents.

FISHER, J.P., DILLON and COVELLO, JJ., concur.

OPINION OF THE COURT

DICKERSON, J.

The defendants are, among others, the trustees and members of the First Presbyterian Church and the Congregation of Ridgeberry, also known as Ridgebury Church and/or the Church at Ridgebury (hereinafter collectively Ridgebury Church), a local congregation, as well as Ridgebury Church itself. Ridgebury Church was affiliated with the plaintiff Presbytery of Hudson River of Presbyterian Church (U.S.A.) (hereinafter Presbytery...

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