
    The Westminster Presbyterian Church of West Twenty-third Street, Respondent and Appellant, v. Trustees of the Presbytery of New York, Appellants and Respondents.
    
      Westminster Presbyterian Church v. Trustees of Presbytery of N. Y., 170 App. Div. 439, modified.
    (Argued October 10, 1917;
    decided January 15, 1918.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an act on in ejectment to recover the possession of premises in West Twenty-third street, borough of Manhattan, New York, upon which is erected a church known as the Westminster Presbyterian Church of West Twenty-third Street and a rectory connected therewith, and for damages for the use and occupation of the property. (See 211 N. Y. 214.)
    
      Rush Taggart and Henry W. Jessup for Trustees of Presbytery of New York, appellants and respondents.
    
      Richmond J. Reese for Westminster Presbyterian Church, respondent and appellant.
   Judgment modified in accordance with opinion in Trustees of Presbytery v. Westminster Presbyterian Church (222 N. Y. 305), by substituting in place of the provision marked second ” in the judgment of the Trial Term a provision which shall read as follows: “ Second. Plaintiff’s title to and possession of said property are subject to the provisions of the Religious Corporations Law of the State of New York, including article 4 of said law,” and as so modified said judgment is affirmed, without costs.

Concur: Hiscock, Ch. J., Chase, Cuddeback, Hogan, Pound and Andrews, JJ. Not sitting: McLaughlin, J.  