Rosenberg v. Mount Carmel Cemetery Association

New York Court of Appeals

Rosenberg v. Mount Carmel Cemetery Association

155 N.E. 902, 244 N.Y. 573, 1927 N.Y. LEXIS 1110

DecidedFebruary 23, 1927

StatusPublished

This text of 155 N.E. 902 (Rosenberg v. Mount Carmel Cemetery Association) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosenberg v. Mount Carmel Cemetery Association, 155 N.E. 902, 244 N.Y. 573, 1927 N.Y. LEXIS 1110 (N.Y. 1927).

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Opinion

Per Curiam.

If the facts stated in the complaint are sufficient to show that the individual defendants have no legal cause of action against the corporate defendant, then the corporation can protect its rights "and interests by asking for judgment in its favor in any actions at law that may be brought against it. If the individual defendants have a cause of action at law, they may not be enjoined from insisting upon their legal rights. No sufficient ground is pleaded for the interposition by a court of equity of an injunction against the prosecution of such actions at law even at the instance of the cemetery corporation. Certainly a certificate holder may not ask for such relief in its behalf.

The order of the Appellate Division and that of Special Term should be reversed and motion granted, with costs in all courts. Question certified answered in the negative.

Cardozo, Ch. J., Pound, Crane, Andrews and Lehman, JJ., concur; Kellogg, J., absent.

Ordered accordingly.

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Per Curiam.

If the facts stated in the complaint are sufficient to show that the individual defendants have no legal cause of action against the corporate defendant, then the corporation can protect its rights "and interests by asking for judgment in its favor in any actions at law that may be brought against it. If the individual defendants have a cause of action at law, they may not be enjoined from insisting upon their legal rights. No sufficient ground is pleaded for the interposition by a court of equity of an injunction against the prosecution of such actions at law even at the instance of the cemetery corporation. Certainly a certificate holder may not ask for such relief in its behalf.

The order of the Appellate Division and that of Special Term should be reversed and motion granted, with costs in all courts. Question certified answered in the negative.

Cardozo, Ch. J., Pound, Crane, Andrews and Lehman, JJ., concur; Kellogg, J., absent.

Ordered accordingly.

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Bluebook (online)

155 N.E. 902, 244 N.Y. 573, 1927 N.Y. LEXIS 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-mount-carmel-cemetery-association-ny-1927.