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PARISH OF THE HOLY ASSUMPTION RUSSIAN ORTHODOX GREEK CHURCH CATHOLIC CHURCH, INC. v. KLESTOFF

2019-09714. Index No. 5515/15.

191 A.D.3d 1012 (2021)

142 N.Y.S.3d 588

2021 NY Slip Op 08198

Parish of the Holy Assumption Russian Orthodox Greek Church Catholic Church, Inc., et al., Appellants, v. Sergei Klestoff, Respondent, et al., Defendants.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

Feerick Nugent MacCartney PLLC, South Nyack, NY ( Donald J. Feerick, Jr. , and Alak Shah of counsel), for appellants.

Victor Timoshenko , Little Neck, NY, for respondent.

Dillon, J.P., Hinds-Radix, Barros and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the motion of the defendant Sergei Klestoff pursuant to CPLR 3211(a) to dismiss the complaint is denied, and the plaintiffs' cross motion for leave to amend the caption is granted.

The plaintiffs, Parish of the Holy Assumption Russian Orthodox Greek Church Catholic Church, Inc., Diocese of Eastern America and New York, Most Reverend Metropolitan Hilarion, and His Grace Bishop Nicolas Olhovsky, commenced this...

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