Westminister Presbyterian Church v. Trustees of Presbytery

Majority

p. 895

Westminister Presbyterian Church of West Twenty-third Street, a Religious Corporation, Appellant, v. Trustees of the Presbytery of New York, a Domestic Corporation, Respondent.

Headnote

Appeal from an order of the Supreme Court, entered on the 16th day of July, 1914, denying plaintiff’s motion for judgment on the pleadings; also appeal from an order entered on the same day granting defendant’s motion to serve a second supplemental answer.

The order denying the motion for judgment on the pleadings should be affirmed, without costs. As to the second order, inasmuch as the prior judgment now sought to be set up as a bar in the supplemental answer has been reversed and the complaint dismissed, the order granting such leave should be reversed and the motion denied, without costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchikiss, JJ. Order denying motion for judgment on pleadings affirmed; order granting motion to serve supplemental answer reversed and motion denied.