SALESIAN SOCIETY, INC. v. NUTMEG PARTNERS LTD.


256 A.D.2d 455 (1998)

683 N.Y.S.2d 435

SALESIAN SOCIETY, INC., Respondent, v. NUTMEG PARTNERS LTD. et al., Defendants, and DAVID COHEN, Appellant. (And a Third-Party Action.)

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

Decided December 16, 1998.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for partial summary judgment is denied as to the appellant David Cohen.

The Supreme Court improperly granted the plaintiff's motion for partial summary judgment insofar as it declared that the plaintiff's property was exempt from the defendant David Cohen's mortgage lien on the ground that it was land used for cemetery purposes pursuant to Real Property Law § 450...

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