Legal Opinion
Mount Hope Cemetery Ass'n v. Department of State of New York
New York Supreme Court
Decided November 3, 1943Published
1Opinion of the CourtWalter, J.
This action is brought to obtain an adjudication that plaintiff, a cemetery corporation, is not a “ subdivider ” within the meaning of article 9-A of the Beal Property Law and that said article is not applicable to and need not be complied with by it.
Article 9-A was inserted in the law by chapter 868 of the Laws of 1936, effective June 5, 1936. It is entitled ‘ ‘ Subdivided Lands ”. It defines “ subdivided lands ” as meaning vacant land or lands sold or leased on the installment plan or offered for sale or lease on such plan (§ 337, subd. 1). It defines “ sub-divider ” as including every…
2Cases cited5 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Daniell v. HopkinsNew York Court of Appeals · 1931
- Empire Monument Co. v. LewisAppellate Division of the Supreme Court of the State of New York · 1937
- Matter of Empire Monument Company v. Lewis, RossNew York Court of Appeals · 1938