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CONFIDENTIAL Contract – Plaintiff alleges that the defendant cemetery owner violated its contract by interring a person of non-Jewish faith contrary to a merger agreement.

New London County, CT

In this contract matter, the plaintiff alleged that the defendant congregation breached its contract with the plaintiff as a cemetery plot owner by permitting a non-Jewish person to be buried in the Jewish cemetery, contrary to the governing documents for the cemetery. The defendant denied any breach of contract.

The plaintiff is a member of the defendant’s board of directors and has purchased plots in the defendant’s cemetery. The plaintiff alleged that when the cemetery was purchased by the defendant as part of a merger agreement, it was specifically provided that the cemetery would not allow anyone of the non-Jewish faith to be buried within the cemetery. It came to the attention of the plaintiff that the defendant cemetery interred someone who was not Jewish.

The plaintiff brought suit alleging that the board’s permission to allow a non-Jewish body to be interred at the cemetery violated the merger agreement and the plaintiff’s contractual rights. The defendant denied the allegations and disputed that the plaintiff had standing to bring any suit in this matter. A motion to that effect was denied by the court. The defendant also disputed that the plaintiff suffered any damages as a result of the burial.The parties agreed to a confidential settlement of the plaintiff’s claim in an agreement between the parties.

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