The interest of the plaintiff as a lot owner is too remote to enable him to bring this action to obtain adjudication of the rights of a third party against the cemetery corporation.

The order of the Appellate Division should be reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division. Certified question answered in the negative.

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

Ordered accordingly.