Krehel v. Eastern Orthodox Catholic Church in America

Order and judgment affirmed, with costs to the respondent. Concur — Breitel, J. P., Rabin, Valente and McNally, JJ.;Eager, J., dissents in part in the following memorandum: I concur in the affirmance of the order and judgment appealed from insofar as it dismisses the first cause of action. Upon the defendant’s motion for summary judgment, the plaintiff was bound to come forward and present facts and details in support of such cause of action. He was bound to show that his claim is real and capable of being established upon a trial (see Iannarelli v. Carvel Stores of New York, 18 Misc 2d 930,…