Jackson v. Elmont Cemetery, Inc. — 300 N.Y. 526

Majority

p. 526

Percival E. Jackson, as Trustee of a Trust Established by Frank G. Lyons, Deceased, on His Own Behalf and on Behalf of All Other Owners and Holders of Certificates of Indebtedness, Series ‘‘ BB ’’ of Elmont Cemetery, Inc., Appellant, and Irma W. Jackson on Her Own Behalf and on Behalf of All Other Owners and Holders of Certificates of Indebtedness, Series “ BB ” of Elmont Cemetery, Inc., Intervener, Appellant, v. Elmont Cemetery, Inc., et al., Respondents.

Argued October 18, 1949;

decided November 17, 1949.

p. 528

Percivál E. Jackson, Theodore N. Tarlau and I. Bussell Stein for appellants.

Edward Lazansky and Horace F. Callaghan for Elmont Cemetery, Inc., respondent.

Isidor J. Kresel, Bernard Hershkopf, Harold I. Meyerson and Irving L. Weinberger for Irving H. Olassir and another, respondents.

Judgment affirmed, with costs; no opinion.

■ Concur: Lotjghran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ.