In Evergreen Cemetery v. Jurgensen, 34 A.D.2d 709 [3d Dept 1970], the Court denied the request for disinterment by the owners, who purchased the land but did not use the plots prior to the second owners burying the decedent Jurgensen, in the plot. The first owners after the dispute arose buried their decedent in the grave next to Jurgensen. The Court held (at 710-711) that there were "neither any equities nor legal rights ... which are sufficient to justify disturbing the rest and repose of the remains of ... Jurgensen."