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LUCKER v. BAYSIDE CEMETERY

10244-10245, 114818/09, 100530/11

114 A.D.3d 162 (2013)

979 N.Y.S.2d 8

2013 NY Slip Op 8835

JOHN R. LUCKER et al., Appellants, v. BAYSIDE CEMETERY et al., Respondents, et al., Defendant. STEVEN R. LEVENTHAL, Appellant-Respondent, v. BAYSIDE CEMETERY et al., Respondents-Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 31, 2013.

Attorney(s) appearing for the Case

Pomerantz Grossman Hufford Dahlstrom & Gross LLP, New York City ( Michael M. Buchman of counsel), for appellants and appellant-respondent.

Axinn Veltrop & Harkrider LLP, New York City ( Russell M. Steinthal and Stephen M. Axinn of counsel), for respondents/respondents-appellants.

SWEENY, J.P., MOSKOWITZ, GISCHE and CLARK, JJ., concur.

OPINION OF THE COURT

SAXE, J.

These companion appeals raise issues regarding the enforcement of perpetual care obligations when cemeteries fall into disrepair. The cemetery in question, the Bayside Cemetery, located on Pitkin Avenue in Ozone Park, Queens, is owned and operated by defendant Congregation Shaare Zedek, a religious corporation.1 Both actions are putative class actions in which their class status is not currently...

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