New York Not-for-Profit Corporation Code § 1510-A

Repair or removal of monuments
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§ 1510-a. Repair or removal of monuments.\n  (a) Cemetery corporations may repair or remove any monuments or other\nmarkers not owned by the cemetery corporation that have fallen into\ndisrepair or dilapidation so as to create a dangerous condition,\nprovided that the cemetery corporation has given not less than sixty\ndays notice by registered or certified mail to the last known owner at\nthat person's last known address to repair or remove the monument or\nother marker and the said owner has failed to do so within the time\nprovided in said notice.\n  (b) In the event that the last known owner cannot be found, the notice\nmay be given by publishing the same once each week for three consecutive\nweeks in a newspaper published or circulated in the county in which the\ncemetery is located. Such notice shall be addressed to the last known\nowner and to all persons having or claiming any interest in or to the\nburial lot on which the monument or other marker is located. The notice\nshall date from the date of mailing such notice by registered or\ncertified mail, or the date of the third publication in the newspaper.\n  (c) Any monument or other marker that is removed as provided for in\nthis section shall be replaced with a flush bronze or granite marker\nsuitably inscribed if replacement is appropriate for identification\npurposes.\n  (d) Nothing contained herein shall be construed as establishing any\nright of damages not otherwise provided by law, rule or contract in any\nperson against the cemetery corporation for failure to repair or remedy\nany condition described or give notice thereof as provided for in this\nsection.\n

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