¶ Order affirmed, with costs.
¶ Defendants are entitled to summary judgment. Defendant Church of the Immaculate Conception concededly owns the cemetery property in which plaintiff's wife is buried. As owner of that property, this defendant also owns the trees standing thereon (Goodyear v Vosburgh, 57 Barb 243). The most that was conveyed to the plaintiff was an easement. The words of the grant "deed" limit the easement to the privilege of burial only...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.