“ The Court of Appeals ordered a retrial of the question of petitioners' right to use and occupancy, on a common-law issue assertedly left open by our invalidation of the statutory basis for the former decision. 306 N.Y. 38, 114 N.E.2d 197. After trial, the Court of Appeals directed the entry of judgment against petitioners, holding that, by reason of the domination-so found by that court to be the fact-of the Patriarch by the secular authority in the U.S.S.R., his appointee could not under the common law of New York validly exercise the right to occupy the Cathedral. ”

“ Nicholas Cathedral in New York City, owned by respondent corporation, was 'strictly a matter of ecclesiastical government,' and as such could not constitutionally be impaired by a state statute, New York Religious Corporations Law, McKinney's Consol.Laws, c. 51, Art. 5-C, purporting to bestow that right on another. Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, 73 S.Ct. 143, 97 L.Ed. 120. We reversed a judgment of the New York Court of Appeals against the petitioners' predecessors in office, and remanded the case for 'further action * * * not in contravention' of our opinion. ”