Legal Opinion

Brand v. Elmwier Cemetery Ass'n

New York Supreme Court

Decided December 24, 1968PublishedCited by 1 opinion

1Opinion of the CourtJ. Irwin Shapiro, J.

This is an application for an order “ allowing, permitting and directing that the bodies of Rose Brand, and the petitioner’s daughter, Regina Brand Fayne, be disinterred from the graves in which they are now buried in Plot 6, in Mount Zion Cemetery * * *, and allowing, directing and permitting the removal of said bodies to other graves in said Plot 6 in the aforenamed cemetery ”,

Elmwier Cemetery Association, Inc., the owner and operator of Mount Zion Cemetery (hereinafter “Cemetery”) opposes the application on the ground that “It is manifestly shocking to every sense of decency and morality…

2Cases cited10 opinions

  1. Yome v. GormanNew York Court of Appeals · 1926
  2. Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
  3. In re AckermannAppellate Division of the Supreme Court of the State of New York · 1908
  4. In re FrommAppellate Division of the Supreme Court of the State of New York · 1952
  5. Davis v. Congregation Chevra Torah Anshei RadishkowitzNew York Supreme Court · 1959

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3Cited by1 opinion

  1. Isola v. SianiAppellate Division of the Supreme Court of the State of New York · 1991

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