MATTER OF PIECH v. MOUNT PLEASANT CEMETERY ASSN.

2019-10256. Index No. 5787/18.

202 A.D.3d 1089 (2022)

164 N.Y.S.3d 151

2022 NY Slip Op 01164

In the Matter of Stephen Piech, Jr., Respondent, v. Mount Pleasant Cemetery Association, Appellant.

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

Decided February 23, 2022.


Attorney(s) appearing for the Case

Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP, Farmingdale, NY ( Jennifer Calamia of counsel), for appellant.

Stephen Piech, Jr., Center Moriches, NY, respondent pro se.

Duffy, J.P., Iannacci, Miller and Christopher, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the first objection in point of law is granted, the petition is denied, and the proceeding is dismissed.

In 1967, upon the death of the petitioner's father, the petitioner's mother purchased from Mount Pleasant Cemetery Association (hereinafter the appellant) a cemetery plot with four graves, two in the front and two in the back. The petitioner's father was interred in one of the front graves. The same...

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