Rector of St. Michael's Protestant Episcopal Church v. Deacy , 1 A.D.2d 823 ( 1956 )

The record discloses that issue had not yet been joined in both actions when the motion was made. Order unanimously modified so as to grant leave to renew after issue has been joined and, as so modified, affirmed. Concur — Breitel, J. P., Botein, Cox and Frank, JJ.