Grove Hill Realty Co. v. Ferncliff Cemetery Ass'n

In this action for a declaratory judgment, defendant Cemetery Board of the State of New York (hereinafter referred to as the “Board”) moves to dismiss the complaint because of legal insufficiency pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.

The material facts do not appear to be in dispute. The complaint alleges that in 1910, plaintiff sold and conveyed certain land to defendant, Ferncliff Cemetery Association (hereinafter *48referred to as “ Ferncliff ”), and that simultaneously therewith it entered into a written agreement with defendant, Ferncliff, wherein it was…