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ABRA-MAY CEM. SALES CO. v. DEGEL YEHUDO CEM. CORP

92 N.J. Super. 365 (1966)

223 A.2d 507

ABRA-MAY CEMETERY SALES CO., INC., A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF, v. DEGEL YEHUDO CEMETERY CORPORATION OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY (A/K/A FLORAL PARK CEMETERY), AND ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 14, 1966.

Attorney(s) appearing for the Case

Mr. William Boorstein, attorney for plaintiff.

Mr. Harold G. Smith for defendant Degel Yehudo Cemetery Corporation of New Jersey (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. Robert S. Kleinberg for defendant Arthur J. Sills, Attorney General of the State of New Jersey.

FURMAN, J.S.C.

Plaintiff Abra-May Cemetery Sales Company is a New York stock corporation which owns 3 1/2 acres, or 4,000 to 7,000 grave sites, in defendant Degel Yehudo Cemetery Corporation's Floral Park Cemetery in South Brunswick Township, Middlesex County. Its predecessor corporation acquired title from one Hyman Abramowitz in 1943 at a purchase price of $20,000.

Abra-May seeks a declaratory judgment that it may sell off its cemetery land without obligation...

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