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GROVE HILL REALTY v. FERNCLIFF CEMETERY

9 Misc.2d 47 (1957)

Grove Hill Realty Company, Plaintiff, v. Ferncliff Cemetery Association et al., Defendants.

Supreme Court, Westchester County.

October 8, 1957.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General, for Cemetery Board of the State of New York, defendant.

Smith, Ranscht & Croake for plaintiff.

Francis R. Doherty for Ferncliff Cemetery, defendant.

GEORGE M. FANELLI, J.

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...

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