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DIAMANT v. MT. PLEASANT WESTCHSTR. CEM.

10 A.D.2d 404 (1960)

Sidney Diamant, Respondent, v. Mount Pleasant Westchester Cemetery Corporation, Respondent, et al., Defendant, and Cemetery Board, Appellant

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

May 9, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Irving L. Rollins, Paxton Blair and Julius L. Sackman of counsel), for appellant.

Oscar Englander for Sidney Diamant, respondent.

Herbert A. Mossler for Mount Pleasant Westchester Cemetery Corporation, respondent.

UGHETTA, Acting P. J., KLEINFELD, CHRIST and BRENNAN, JJ., concur.

PETTE, J.

The action was begun on December 13, 1954 (1) for a judgment declaring the rights of the plaintiff-respondent with respect to certain property rights owned by him in the "Diamant Section" of the cemetery of the Mount Pleasant Westchester Cemetery Corporation (hereinafter referred to as the Cemetery Corporation), and (2) for a mandatory injunction compelling the Cemetery Corporation to develop said section...

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