Bauer v. Harleigh Cemetery Co.

OPINION

GREENE, J.S.C.

This opinion is a refinement of the court’s earlier orally recorded opinion granting defendant Cemetery’s B. 4:40 motion for judgment at the conclusion of all the evidence and determining that a nonprofit Title 8A cemetery is not liable for damages to individual mausoleums or grave sites caused by vandals.

The complaint primarily charged the defendant cemetery with negligence resulting in physical damage to certain burial sites, caused by unknown vandals, criminals or trespassers.

It is conceded that the burial plot in question, consisting of a private family mausoleum and…