MATTER OF KNOLLWOOD PARK CEMETERY, INC. v. LOMENZO


36 A.D.2d 803 (1971)

In the Matter of Knollwood Park Cemetery, Inc., Respondent, v. John P. Lomenzo et al., Constituting The Cemetery Board of the State of New York, Appellants

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

April 8, 1971


In 1947, respondents-appellants, constituting the State Cemetery Board, directed petitioner-respondent cemetery corporation to suspend payments to the owners of certain certificates of indebtedness, who were assignors of the original contract of purchase of the cemetery land, pending "a more detailed study" of an allegation of overpayment. The board took no further action, except internally, for more than a year, and the corporation then requested that the suspension be lifted...

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