Toppin v. Town of Hempstead
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for violation of the common-law right of sepulcher, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Palmieri, J.), dated March 8, 2013, which granted the motion of the defendant Town of Hempstead pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it, and the separate motion of the defendant Carl C. Burnett Funeral Home, Inc., in effect,, pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it, and thereupon dismissed the complaint.
Ordered…
2Cases cited11 opinions
- Melfi v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Mack v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
- Schultes v. KaneAppellate Division of the Supreme Court of the State of New York · 2008
- Orlin v. TorfAppellate Division of the Supreme Court of the State of New York · 1987
- Shipley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by5 opinions
- 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
- Pailliere v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2015
- Gerardi v. Paul W. Harris Funeral Home Inc.New York Supreme Court · 2014
- In re DoyleNew York Supreme Court · 2017
- Matter of Upton v. Town of MooersAppellate Division of the Supreme Court of the State of New York · 2026