Clark v. Green-Wood Cemetery — 248 N.Y. 643

Majority

p. 643

Grace W. R. Clark et al., Respondents, v. The GreenWood Cemetery, Appellant.

Headnote

Cemeteries — action to compel cemetery corporation to permit removal of bodies therefrom.

Clark v. Green-Wood Cemetery, 223 App. Div. 789 , affirmed.

(Argued June 18, 1928;

decided July 19, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 10, 1928, affirming a judgment in favor of plaintiffs entered upon an order of Special Term granting

p. 644

a motion by plaintiffs for judgment on the pleadings. The action was to compel the defendant to permit the removal from Green-Wood Cemetery of the remains of certain deceased relatives of the plaintiffs. The defense was that the deed of the cemetery plot contained on its face the rule “ that no disinterment shall be allowed without permission being obtained at the office of the corporation ” and that an application for such permission had been denied.

William H. Hayes and Henry H. Anderson for appellant.

Edward H. Wilson and Appleton L. Clark for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cabdozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.