Legal Opinion
Kahlmeyer v. Green-Wood Cemetery
New York Supreme Court
Decided October 29, 1940PublishedCited by 5 opinions
1Opinion of the CourtPecora, J.
This is a motion by defendant to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice upon the ground that it does not state facts sufficient to constitute a cause of action. Alternative relief is asked pursuant to rules 102 and 103 of the Rules of Civil Practice.
The complaint sets forth two separate causes of action. According to its allegations, the defendant is a cemetery corporation organized under an act of the Legislature of the State of New York (Laws of 1838, chap. 298), and owns, sells and maintains burial plots in a cemetery located in Brooklyn. On September 12,…
2Cases cited3 opinions
- Society Milion Athena, Inc. v. National Bank of GreeceNew York Court of Appeals · 1939
- Symmers v. . CarrollNew York Court of Appeals · 1913
- Stephenson v. Go-Gas Co.New York Court of Appeals · 1935
3Cited by5 opinions
- Sadwith v. LantryDistrict Court, S.D. New York · 1963
- French v. Kensico CemeteryAppellate Division of the Supreme Court of the State of New York · 1942
- Kahlmeyer v. Green-Wood CemeteryAppellate Division of the Supreme Court of the State of New York · 1941
- French v. Kensico CemeteryNew York Supreme Court · 1941
- Medvec v. 333 East 69th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1961