Legal Opinion

Opn. No.

New York Attorney General Reports

Decided October 15, 1999Published

1Opinion of the Court

Hon. Alexander F. Treadwell Formal Opinion No. 99-F5 Secretary of State Department of State 41 State Street Albany, N Y 12231-0001

Dear Secretary of State Treadwell:

Your counsel has inquired whether a cemetery corporation's decision to exercise its option to provide exclusive annual care services pursuant to the "Annual Care Law" (Not-For-Profit Corporation Law §1506[1]) supersedes existing contracts for annual care between third-party contractors and lot owners. Your counsel also has asked whether exercise of the option prohibits existing lot owners from entering into such third-party…

2Cases cited6 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Manigault v. SpringsSupreme Court of the United States · 1905
  3. Morales v. WalterAppellate Division of the Supreme Court of the State of New York · 1997
  4. Grove Hill Realty Co. v. Ferncliff Cemetery Ass'nNew York Court of Appeals · 1960
  5. Rotodyne, Inc. v. Consolidated Edison Co. of N. Y., Inc.Appellate Division of the Supreme Court of the State of New York · 1976

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