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LG DOE v. RESURRECTION CHURCH

Index No. 811170/2021.

75 Misc.3d 327 (2022)

164 N.Y.S.3d 803

2022 NY Slip Op 22091

LG 67 DOE, Plaintiff, v. RESURRECTION LUTHERAN CHURCH et al., Defendants.

Supreme Court, Erie County.

Decided March 28, 2022.

Attorney(s) appearing for the Case

Goldberg Segalla LLP (Michael Applebaum of counsel) for Evangelical Lutheran Church in America, defendant.

Hurwitz & Fine, P.C. (Andrea Schillaci of counsel) for Upstate New York Synod of the Evangelical Lutheran Church in America, defendant.

Rupp Baase Pfalzgraf Cunningham LLC (Thomas Cunningham of counsel) for Resurrection Lutheran Church, defendant.

Lipsitz Green Scime Cambria LLP (Amy Keller of counsel) for plaintiff.

OPINION OF THE COURT

Defendants, Resurrection Lutheran Church, Upstate New York Synod of the Evangelical Lutheran Church in America and Evangelical Lutheran Church in America (hereafter, defendants), moved to dismiss plaintiff's complaint pursuant to CPLR 3211(a)(5) and 208(b) (NYSCEF [NY St Cts Elec Filing Sys] mots...

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