Barhome v. County of Nassau

Appellate Division of the Supreme Court of New York

Barhome v. County of Nassau

219 A.D.2d 693, 631 N.Y.S.2d 537, 1995 N.Y. App. Div. LEXIS 9573

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 1995

StatusPublished

This text of 219 A.D.2d 693 (Barhome v. County of Nassau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barhome v. County of Nassau, 219 A.D.2d 693, 631 N.Y.S.2d 537, 1995 N.Y. App. Div. LEXIS 9573 (N.Y. Ct. App. 1995).

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Opinion

In an action to recover damages for emotional distress arising from an alleged unauthorized autopsy of the plaintiff’s husband, the defendant appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated April 14, 1994, which denied the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Under the circumstances of this case, the medical examiner [694]*694was authorized, as a matter of law, to perform an autopsy on the plaintiffs husband (see, County Law §§ 673, 674; Nassau County Charter § 906 [2]; Public Health Law §§ 4210, 4210-c). Accordingly, the defendant’s motion for summary judgment dismissing the complaint is granted. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

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In an action to recover damages for emotional distress arising from an alleged unauthorized autopsy of the plaintiff’s husband, the defendant appeals from an order of the Supreme Court, Nassau County (Kohn, J.), dated April 14, 1994, which denied the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Under the circumstances of this case, the medical examiner [694]*694was authorized, as a matter of law, to perform an autopsy on the plaintiffs husband (see, County Law §§ 673, 674; Nassau County Charter § 906 [2]; Public Health Law §§ 4210, 4210-c). Accordingly, the defendant’s motion for summary judgment dismissing the complaint is granted. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

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Bluebook (online)

219 A.D.2d 693, 631 N.Y.S.2d 537, 1995 N.Y. App. Div. LEXIS 9573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barhome-v-county-of-nassau-nyappdiv-1995.

Opinion

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