Tonella v. Fishkill Rural Cemetery

The defendant Florence P. Schrader purchased a burial plot of seven hundred and five square feet, being ' lot No. 33, section H, from the defendant, the Fishkill Rural Cemetery, a membership corporation, the grounds of which are located in the town of Fishkill, Dutchess county, N. Y. She desired to erect a mausoleum which would cover about eighty-nine square feet of ground and would be six or seven feet in height. There are several mausoleums in the cemetery of similar character.

There is no proof that the defendant association has any by-laws, but certain rules and regulations are attached to…