An injunction restraining the New York Mausoleum Association from making contracts in the future with persons who are not of Jewish faith for purchase of crypts in Aisle C of the association’s mausoleum at Cypress Hills Cemetery will be granted by Supreme Court Justice Callaghan on application of Henry M. Israel, Justice Callaghan stated.
Mr. Israel said that he signed a contract for the purchase of two crypts in Aisle C of the mausoleum, and that the contract contained a clause to the effect that the aisle was to be reserved “for Jewish people only.” Later, he alleged, the association refused to include such a clause in his deed to the crypts.
Lee A. Holley, vice president of the association, said in an affidavit that the contract containing the disputed clause was executed by the association through inadvertance, and that the clause was not called to its attention at the time. Stock in the mausoleum enterprise, he said, was sold with the distinct understanding that the mausoleum was to be conducted on non-sectarian lines.
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