WESTERLO RURAL CEMETERY ASS'N v. HOTALING


3 A.D.2d 884 (1957)

Westerlo Rural Cemetery Association, Appellant, v. Alida B. Hotaling, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 10, 1957


The lands sought to be condemned are separated from appellant's cemetery by a public highway and the court below held that, therefore, the properties did not form "one continuous tract" as required by section 75 of the Membership Corporations Law, the source of appellant's right of condemnation. The parcel to be acquired is described in the petition as beginning at a point in the east line of the highway and running thence, upon two successive courses, along such east line...

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