Legal Opinion

Coleman v. St. Michael's Protestant Episcopal Church

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1915PublishedCited by 2 opinions

Appeal by the defendant, St. Michael’s Protestant Episcopal Church, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1915, denying defendant’s motion for judgment on the pleadings dismissing the complaint after an answer had been interposed thereto.

1Opinion of the Court

Smith, J.:

The defendant is a religious corporation owning land dedicated to cemetery purposes. By section 7 of the Religious Corporations Law (Consol. Laws, chap. 51; Laws of 1909, chap. 53) a religious corporation holding lands for such purpose “may sell and convey lots in such cemetery for burial purposes, subject to such conditions and restrictions as may be imposed by the instrument by which the same was acquired, or by the rules and regulations adopted by such corporation.” The complaint alleged that this plaintiff on the 7th day of October, 1913, entered into an agreement with the…

2Cited by2 opinions

  1. Hasselbach v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 1916
  2. Bauer v. Harleigh Cemetery Co.New Jersey Superior Court Appellate Division · 1994

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