In re Chauncey
Appellate Division of the Supreme Court of the State of New York
Appeal by Pinelawn Cemetery from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of September, 1919, in so far as it directs the receiver of said cemetery to sell so much of the lands as may be necessary to produce sufficient moneys to satisfy a judgment against said cemetery in favor of William D. Tyndall and others.
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Appeal by Pinelawn Cemetery from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of September, 1919, in so far as it directs the receiver of said cemetery to sell so much of the lands as may be necessary to produce sufficient moneys to satisfy a judgment against said cemetery in favor of William D. Tyndall and others. The opinion of the Special Term is reported in Matter of Chauncey (106 Mise. Rep. 534).
1Opinion of the Court
Blackmar, J.:
The Pinelawn Cemetery is a corporation organized in 1902 pursuant to the Membership Corporations Law as it then existed (Laws of 1895, chap. 559). Section 50 of the act contained the following provision:
“Such corporation may agree with a person from whom any lands are purchased for a cemetery, to pay therefor a specified share not exceeding one-half of the proceeds of all sales of the use of lots and plats made from such land, and such share shall be first applied to the payment of such purchase-money, and the residue thereof shall be applied to the preservation, improvement, and…
2Cases cited2 opinions
- Whittemore v. Woodlawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1902
- In re BenselAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- Reese v. Pinelawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1934
- Johnson v. Ocean View CemeteryAppellate Division of the Supreme Court of the State of New York · 1921
- Pinelawn Cemetery v. CesareNew York Supreme Court · 1977
- Pinelawn Cemetery v. CesareAppellate Division of the Supreme Court of the State of New York · 1978
- Durante Bros. Construction Corp. v. St. John's CemeteryAppellate Division of the Supreme Court of the State of New York · 2006