Legal Opinion

Mack v. Brown

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

Decided March 8, 2011PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.E

Sparse case law exists interpreting the recent enactment of Public Health Law § 4201 which, inter alia, prioritizes the persons authorized to control a decedent’s remains, and immunizes entities such as funeral homes, cemeteries, and crematories from civil liability for their good faith disposal of human remains upon the direction of a person enumerated in and prioritized by Public Health Law § 4201 (2) (a) (see Public Health Law § 4201 [7]). Here, the defendant Green-Wood Cemetery Mausoleums & Crematory (hereinafter Green-Wood) disposed of a decedent’s remains…

2Cases cited22 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  4. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  5. Dunham v. Hilco Construction Co.New York Court of Appeals · 1996

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3Cited by22 opinions

  1. Andre Shipley v. City of New YorkNew York Court of Appeals · 2015
  2. Gutnick v. Hebrew Free Burial Socy. for the Poor of the City of BrooklynAppellate Division of the Supreme Court of the State of New York · 2021
  3. Toppin v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2014
  4. Kennedy-McInnis v. Biomedical Tissue Services, Ltd.District Court, W.D. New York · 2016
  5. Martin v. Ability Beyond DisabilityAppellate Division of the Supreme Court of the State of New York · 2017

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