Legal Opinion

Burack v. Washington Cemetery

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

Decided February 19, 1940PublishedCited by 2 opinions

1Opinion of the Court

Appeal by plaintiff, in an action for damages for personal injuries sustained when a monument in the Washington Cemetery fell upon him, from a judgment dismissing his complaint as to both defendants, at the close of his case at a jury trial. As to the defendant Independent Order Brith Abraham, the judgment is unanimously affirmed, with costs. As to the defendant Washington Cemeteiy the judgment is reversed on the law and a new trial granted, with costs to appellant to abide the event. As to the defendant Independent Order of Brith Abraham, no cause of action was proved. That defendant had…

2Cases cited2 opinions

  1. Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
  2. Dutton v. Greenwood Cemetery Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. Lawlor v. Cloverleaf Memorial Park, Inc.Supreme Court of New Jersey · 1970
  2. Gruber v. Eromaz Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1942

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