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GROVE HILL CO. v. FERNCLIFF CEMETERY ASSN.

7 N.Y.2d 403 (1960)

Grove Hill Realty Company, Appellant, v. Ferncliff Cemetery Association et al., Respondents.

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

Thomas F. Croake and Ronald L. Unger for appellant.

Louis J. Lefkowitz, Attorney-General (Jean R. McCoy and Paxton Blair of counsel), for Cemetery Board of State of New York, respondent.

Francis R. Doherty for Ferncliff Cemetery Association, respondent.

Judges DYE, FULD and BURKE concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion in which Judges VAN VOORHIS and FOSTER concur.

DESMOND, Ch. J.

Plaintiff sued for a declaratory judgment but the courts below entered a declaratory judgment in favor of defendant State Cemetery Board. The other respondent, that is, defendant Ferncliff Cemetery Association, a nonprofit membership corporation (see Membership Corporations Law, art. IX), intervened but takes no position on this appeal.

The judgment appealed from declares "that Section...

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