BIONDO v. CHURCH OF THE IMMACULATE CONCEPTION


102 A.D.2d 809 (1984)

Joseph Biondo, Appellant, v. Church of the Immaculate Conception et al., Respondents

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

June 4, 1984


¶ 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...

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