WUNDERLIN v. LUTHERAN CEMETERY


27 A.D.2d 861 (1967)

Joseph A. Wunderlin, Individually and on Behalf of All Other Persons Similarly Situated, et al., Appellants, v. Lutheran Cemetery et al., Respondents

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

March 27, 1967


Judgment modified, on the law, by striking out its third decretal paragraph, which adjudged valid the order approving the collection of a flat annual supervision charge upon the gardeners, and by substituting therefor a decretal paragraph declaring the order to be null and void. As so modified, judgment affirmed, without costs. No questions of fact have been considered.

At bar an annual $50 "supervision" charge was imposed by the defendant cemetery corporation upon...

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