Morochnick v. First Ludmir Benevolent Society of New York, Inc.

New York Supreme Court

Morochnick v. First Ludmir Benevolent Society of New York, Inc.

35 Misc. 2d 71, 229 N.Y.S.2d 880, 1962 N.Y. Misc. LEXIS 3218

CourtNew York Supreme Court

DecidedMay 31, 1962

StatusPublished

Cited by2 cases

This text of 35 Misc. 2d 71 (Morochnick v. First Ludmir Benevolent Society of New York, Inc.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morochnick v. First Ludmir Benevolent Society of New York, Inc., 35 Misc. 2d 71, 229 N.Y.S.2d 880, 1962 N.Y. Misc. LEXIS 3218 (N.Y. Super. Ct. 1962).

Pincite

Opinion

Mario Pittoni, J.

This petition by the husband, joined in by all the children, for an order authorizing and permitting the husband to remove the body of his deceased wife from the present cemetery plot to a plot in another cemetery is granted. (Membership Corporations Law, § 89; Matter of Currier, 300 N. Y. 162, 164.)

In the Currier case, the court, by Judge Fuld, said (pp. 164-165): “ Here, only the cemetery corporation, at best a formal party, opposes the removal. Those most closely bound to the deceased by ties of love and affection would have her body moved from the mausoleum to a grave close by. Arid we are persuaded that there was basis for concluding that not whim or caprice motivated their decision, but rather sound reason and laudable purpose ”.

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Mario Pittoni, J.

This petition by the husband, joined in by all the children, for an order authorizing and permitting the husband to remove the body of his deceased wife from the present cemetery plot to a plot in another cemetery is granted. (Membership Corporations Law, § 89; Matter of Currier, 300 N. Y. 162, 164.)

In the Currier case, the court, by Judge Fuld, said (pp. 164-165): “ Here, only the cemetery corporation, at best a formal party, opposes the removal. Those most closely bound to the deceased by ties of love and affection would have her body moved from the mausoleum to a grave close by. Arid we are persuaded that there was basis for concluding that not whim or caprice motivated their decision, but rather sound reason and laudable purpose ”.

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Bluebook (online)

35 Misc. 2d 71, 229 N.Y.S.2d 880, 1962 N.Y. Misc. LEXIS 3218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morochnick-v-first-ludmir-benevolent-society-of-new-york-inc-nysupct-1962.

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