Legal Opinion

Gerardi v. Paul W. Harris Funeral Home Inc.

New York Supreme Court

Decided December 19, 2014Published

1Opinion of the Court

OPINION OF THE COURT

Thomas A. Stander, J.

*201The plaintiff, Bonnie Benoit Gerardi, submits a motion seeking summary judgment on her claims set forth in the complaint against defendant, Paul W. Harris Funeral Home Inc. The complaint alleges a claim for loss of sepulcher resulting from defendant’s failure and refusal to return the cremated ashes of plaintiff’s husband, Anthony Gerardi, to plaintiff. The complaint alleges that the defendant gave the ashes to an unauthorized third party. Plaintiff asserts that the intentional, reckless, and/or negligent actions of the defendant caused her to undergo…

2Cases cited2 opinions

  1. Mack v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
  2. Toppin v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2014

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