In re Weinberger ( 1900 )

Maddox, J.:

The averment in the petition (93) negatives the conclusion that the church property is used “exclusively as a church.” It does not appear for what purpose the portion set apart for the sexton’s use is or has been put to (see 9 Misc. 250; 14 Misc. 178).

Motion denied, but without prejudice to a renewal, if petitioner shall be so advised. No costs.