CITY OF NEW YORK v. WASHINGTON CEMETERY


17 Misc.2d 847 (1959)

City of New York, Plaintiff, v. Washington Cemetery, Defendant, and Herbert Kaufman et al., Intervening Defendants.

Supreme Court, Special Term, Kings County.

May 11, 1959.


Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel, for plaintiff.

Meadow & Mann for intervening defendants.

Jacob K. Javits, Attorney-General, for New York State Cemetery Board.


JAMES S. BROWN, J.

In an action for an injunction plaintiff moves for judgment on the pleadings and the defendant cemetery cross-moves for an order requiring plaintiff to bring in certain persons as necessary parties and granting the cemetery leave to amend its answer so as to set up as additional affirmative defenses the Statute of Limitations and adverse possession.

The cemetery fronts on the westerly...

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