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Order reversed on the law without costs and motion granted. Same memorandum as in Lichtenthal v St. Mary’s Church ([appeal No. 2] 166 AD2d 873 [decided herewith]).
All concur, except Balio and Lawton, JJ., who dissent and vote to affirm, in the following memorandum.
Document Info
Docket Number: Appeal No. 3
Judges: Balio, Lawton
Filed Date: 10/5/1990
Precedential Status: Precedential
Modified Date: 10/31/2024