Diamant v. Mount Pleasant Westchester Cemetery Corp.

The action was begun on December 13,1954 (1) for

a judgment declaring the rights of the plaintiff-respondent with respect to certain property rights owned by him in the ‘ ‘ Diamant Section ’ ’ of the cemetery of the Mount Pleasant Westchester Cemetery Corporation (hereinafter referred to as the Cemetery Corporation), and (2) for a mandatory injunction compelling the Cemetery Corporation to develop said section at its own expense. The Cemetery Board, appellant herein, is a party to the action in order to protect the public interest, as provided by section 108-a of the Membership Corporations…