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PEOPLE v. WOODLAWN CEMETERY

173 Misc.2d 846 (1997)

662 N.Y.S.2d 369

The People of the State of New York, by Dennis C. Vacco, as Attorney-General of the State of New York, Plaintiff, v. Woodlawn Cemetery et al., Defendants.

Supreme Court, Albany County.

July 25, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Eileen E. Bryant of counsel), for plaintiff. Milbank, Tweed, Hadley & McCloy, New York City (Eugene F. Farabaugh of counsel), for defendants.

HAROLD J. HUGHES, J.

Plaintiff moves to enjoin the defendants from invading the principal of defendant Woodlawn Cemetery's (Woodlawn) "permanent maintenance trust fund" and invading the principal of its "perpetual care trust fund" and borrowing money from its "perpetual care income fund" and otherwise directing the preservation and protection of Woodlawn's assets pending a determination of this action. Defendants...

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