Legal Opinion

Estate of Loughlin v. State of New York

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

Decided January 18, 2017No. 2015-02907PublishedCited by 3 opinions

1Opinion of the Court

In a claim to recover damages for violation of the right of sepulcher, the claimants appeal from a judgment of the Court of Claims (Mignano, J.), dated January 16, 2015, which, upon a decision of the same court dated December 11, 2014, made after a trial, is in favor of the claimants Laurie Keane and Patrick Loughlin and against the defendant in the principal sum of only $75,000 each.

Ordered that the judgment is affirmed, with costs.

“[T]he common-law right of sepulcher gives the next of kin the absolute right to the immediate possession of a decedent’s body for preservation and burial, and .…

2Cases cited4 opinions

  1. Melfi v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
  2. Vasquez v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2012
  3. Kusulas v. SacoAppellate Division of the Supreme Court of the State of New York · 2015
  4. Taveras v. VegaAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by3 opinions

  1. Taylor v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. Bonneau v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
  3. Bonneau v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2025

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