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

Appellate Division of the Supreme Court of New York

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

261 A.D. 883, 25 N.Y.S.2d 151, 1941 N.Y. App. Div. LEXIS 7898

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1941

StatusPublished

This text of 261 A.D. 883 (Riverdale Cemetery Ass'n v. St. Mary's Roman Catholic Church Society) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Riverdale Cemetery Ass'n v. St. Mary's Roman Catholic Church Society, 261 A.D. 883, 25 N.Y.S.2d 151, 1941 N.Y. App. Div. LEXIS 7898 (N.Y. Ct. App. 1941).

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Opinion

Motion to amend order entered November 8, 1940 [260 App. Div. 984], denied. Motion for leave to appeal to [884]*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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Motion to amend order entered November 8, 1940 [260 App. Div. 984], denied. Motion for leave to appeal to [884]*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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Bluebook (online)

261 A.D. 883, 25 N.Y.S.2d 151, 1941 N.Y. App. Div. LEXIS 7898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverdale-cemetery-assn-v-st-marys-roman-catholic-church-society-nyappdiv-1941.

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