Appellate Division of the Supreme Court of New York, 1941

Riverdale Cemetery Ass'n v. St. Mary's Roman Catholic Church Society

Riverdale Cemetery Ass'n v. St. Mary's Roman Catholic Church Society
Appellate Division of the Supreme Court of New York · Decided January 15, 1941
261 A.D. 883; 25 N.Y.S.2d 151; 1941 N.Y. App. Div. LEXIS 7898
Riverdale Cemetery Ass'n v. St. Mary's Roman Catholic Church Society

Opinion of the Court

Motion to amend order entered November 8, 1940 [260 App. Div. 984], denied. Motion for leave to appeal to *884the Court of Appeals denied. Memorandum: Our decision in this case was not based upon section 7-a of the Religious Corporations Law. The complaint, including the contract which is made a part thereof, does not successfully plead possession in the plaintiffs-appellants. It shows on the other hand that defendants-respondents have been in continuous possession since 1897. The Statute of Limitations is, therefore, a bar. A complaint that states facts constituting a defense against the cause of action therein set forth does not state a cause of action. (Beisheim. v. People, 255 App. Div. 429.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCum, JJ.

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