Opinion
January 15, 1941.
Present — Crosby, P.J., Cunningham, Taylor, Harris and McCurn, JJ.
Motion to amend order entered November 8, 1940 [ 260 App. Div. 984], denied. Motion for leave to appeal to the Court of Appeals denied. Memorandum: Our decision in this case was not based upon section 7-a Relig. Corp. 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 App. Div. 429.)