| N.Y. App. Div. | Jan 15, 1941

Motion to amend order entered November 8, 1940 [260 A.D. 984" court="N.Y. App. Div." date_filed="1940-11-08" href="https://app.midpage.ai/document/in-re-the-judicial-settlement-of-the-account-of-first-trust--deposit-co-5365687?utm_source=webapp" opinion_id="5365687">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 A.D. 429" court="N.Y. App. Div." date_filed="1938-11-23" href="https://app.midpage.ai/document/beisheim-v-people-5355756?utm_source=webapp" opinion_id="5355756">255 App. Div. 429.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCum, JJ.

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