Martinez v. Jewish Home & Hospital

2017 NY Slip Op 723, 147 A.D.3d 415, 45 N.Y.S.3d 790

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 2, 2017
• Docket: 2969 110212/05
• Status: Published

Opinion

Order, Supreme Court, New York County (James E. d’Auguste, J.), entered September 9, 2015, which granted the motion of defendants the Jewish Home and Hospital and Montefiore Medical Center for summary judgment dismissing the complaint as against them, and denied plaintiffs cross motion for summary judgment as to liability against the moving defendants, unanimously affirmed, without costs.

Plaintiff failed to establish a violation of her right of sepulcher. As plaintiff concedes, the moving defendants promptly informed her of the decedent’s death, and made contact with her several times about retrieving his corpse, but she simply failed to do so (see Melfi v Mount Sinai Hosp., 64 AD3d 26, 31 [1st Dept 2009]).

We have considered plaintiff’s remaining contentions and find them unavailing.

Concur — Sweeny, J.P., Acosta, Moskowitz, Kapnick and Kahn, JJ.