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COMMANDMENT KEEPERS ETHIOPIAN HEBREW CONGREGATION OF THE LIVING GOD, PILLAR AND GROUND OF TRUTH, INC. v. 31 MOUNT MORRIS PARK, LLC

10263, 106102/07.

107 A.D.3d 406 (2013)

965 N.Y.S.2d 727

2013 NY Slip Op 3942

COMMANDMENT KEEPERS ETHIOPIAN HEBREW CONGREGATION OF THE LIVING GOD, PILLAR AND GROUND OF TRUTH, INC., Respondent, v. 31 MOUNT MORRIS PARK, LLC, et al., Defendants, and JULIAN A. WORMLEY, Appellant.

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

Decided June 4, 2013.

Defendant failed to support his motion with a current affidavit of merit stating facts disputing the specific allegations of the complaint (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Moreover, disputed issues of fact exist on plaintiff's claims regarding the wrongful taking of the synagogue contents (see id.). Plaintiff's claims are not time-barred, as the record indicates that the alleged taking...

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