Legal Opinion
Durante Bros. Construction Corp. v. St. John's Cemetery
Appellate Division of the Supreme Court of the State of New York
Decided July 25, 2006PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
On this appeal, arising from a proceeding pursuant to CPLR article 52 to enforce a money judgment, the primary issue presented is what portions of the subject cemetery real property and improvements are exempt from execution and sale pursuant to Real Property Law § 450. In this opinion, we define what is encompassed in the category of exempt property and what may properly be executed upon and sold in satisfaction or partial satisfaction of a money judgment. However, since the record has not been fully developed, we reverse the order appealed from and remit the…
2Cases cited10 opinions
- Golden v. KochNew York Court of Appeals · 1980
- People Ex Rel. Buffalo Burial Park Ass'n v. StilwellNew York Court of Appeals · 1907
- In re the City of New York Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the LandsAppellate Division of the Supreme Court of the State of New York · 1940
- In re ChaunceyAppellate Division of the Supreme Court of the State of New York · 1920
- Diamant v. Mount Pleasant Westchester Cemetery Corp.Appellate Division of the Supreme Court of the State of New York · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Enforcement of Tax Liens by County of OrangeAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Ferncliff Cemetery Assn. v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2020