Brandenburg v. St. Michael's Cemetery
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Upon the death of her husband, the plaintiff Helen Brandenburg (hereinafter Brandenburg) contracted with the defendant St. Michael’s Cemetery (hereinafter the Cemetery), owned and operated by the defendant St. Michael’s Church, to inter the decedent’s remains in a mausoleum crypt. Months after the initial interment, the Cemetery discovered that it had mistakenly placed the decedent’s remains in a crypt purchased by another person and, without notifying the family or obtaining its consent, disinterred the remains and moved them to the proper crypt. Approximately six months after the decedent’s…
2Cases cited11 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Gostkowski v. Roman Catholic Church of Sacred Hearts of Jesus & MaryNew York Court of Appeals · 1933
- Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
- Flax v. Lincoln National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
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