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PINELAWN CEMETERY v. CESARE

90 Misc.2d 736 (1977)

Pinelawn Cemetery, Plaintiff, v. Anthony Cesare, as Receiver of Taxes for the Town of Babylon, et al., Defendants.

Supreme Court, Trial Term, Suffolk County.

March 7, 1977

Attorney(s) appearing for the Case

Joseph F. Klein, Town Attorney (Patrick Barton of counsel), for defendants. Eaton, Van Winkle & Greenspoon (Samuel N. Greenspoon of counsel), for plaintiff.

VICTOR J. ORGERA, J.

In this action the plaintiff seeks a judgment declaring that its property is exempt from real property taxes and that the assessments heretofore levied by the defendants are invalid. The defendant Town of Babylon has counterclaimed for a permanent injunction restraining the plaintiff from using the taxed portions of its property for cemetery purposes.

The complaint alleges that...

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