In re Bleistift
Appellate Division of the Supreme Court of the State of New York
Appeal by the New Lots Talmud Torah Society, Inc., 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 Bangs on the 24th day of May, 1920, consenting to the removal of Abraham Bleistift’s body from a burial lot of the appellant in the Mount Judah Cemetery.
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Appeal by the New Lots Talmud Torah Society, Inc., 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 Bangs on the 24th day of May, 1920, consenting to the removal of Abraham Bleistift’s body from a burial lot of the appellant in the Mount Judah Cemetery. The order was made under the provisions of section 71, subdivision 4, of the Membership Corporations Law. ■ The New Lots Talmud Torah Society is a corporation which maintains a free school for religious instruction, as well as provides cemetery burial lots for its…
1Opinion of the Court
Putnam, J.:
The primary question here is whether appellant comes within section 71 of the Membership Corporations Law. It appears to be formed to teach the Hebrew religion, especially its ancient law (Torah), and is organized as a religious corporation. It is only in the instance of a membership corporation that the court’s consent can be substituted for that of the corporation, so as to authorize such disinterment and removal of a body lawfully buried in a cemetery. (Matter of Cohen, 76 App. Div. 401; Matter of Owens, 79 id. 236; Matter of Berezoff, 166 id. 903.)
We are constrained, therefore,…
2Cases cited2 opinions
- Cohen v. Congregation Shearith IsraelAppellate Division of the Supreme Court of the State of New York · 1906
- In re CohenAppellate Division of the Supreme Court of the State of New York · 1902