1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 184 A.D.3d
  5. 184 A.D.3d 95 (2020)
 

FERNCLIFF v. GREENBURGH

2016-12854, Index No. 2868/15.

184 A.D.3d 95 (2020)

124 N.Y.S.3d 61

2020 NY Slip Op 02925

In the Matter of FERNCLIFF CEMETERY ASSOCIATION, Appellant, v. TOWN OF GREENBURGH et al., Respondents.

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

Decided May 20, 2020.

Attorney(s) appearing for the Case

Turner & Turner, White Plains ( Frederick W. Turner and Bleakley Platt & Schmidt, LLP [ William H. Mulligan, Jr. , and James W. Glatthaar ], of counsel), for appellant.

Timothy W. Lewis , Greenburgh ( Edward M. Lieberman of counsel), for respondents.

DILLON, J.P., COHEN and CHRISTOPHER, JJ., concur.

OPINION OF THE COURT

For the reasons that follow, we hold that the sale of land designated for cemetery purposes to persons or entities with no affiliation to the cemetery, and with no authority of their own to operate a cemetery, constitutes an unequivocal affirmative act of abandonment of the right to use that land for cemetery...

Let's get started

Leagle.com

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.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases