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JEWISH CTR. v. MT. EDEN CEMETERY

15 A.D.2d 94 (1961)

Jewish Center of Mt. Vernon, Inc., Respondent, v. Mt. Eden Cemetery Association, Inc., Appellant; Cemetery Board of the State of New York, Intervenor-Defendant-Appellant

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

December 11, 1961.

Attorney(s) appearing for the Case

Percival E. Jackson (Theodore N. Tarlau of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein, Paxton Blair and Irving Galt of counsel), for intervenor-defendant-appellant.

Lesser & Lesser (Harry Lesser, Herbert W. Aronson and Henry L. Hecht of counsel), for respondent.

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

PETTE, J.

This action is one for a declaratory judgment brought by the plaintiff, Jewish Center of Mt. Vernon, Inc., a corporation organized under the Religious Corporations Law of the State of New York, against Mt. Eden Cemetery Association, Inc. (hereinafter called defendant), a cemetery corporation organized under the Membership Corporations Law, to declare binding and enforcible that portion of a written agreement...

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