Lockhart v. Hempstead General Hospital

—In an action to recover damages for the mishandling of a corpse, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Win-slow, J.), entered June 11, 1999, which, upon an order of the same court entered May 5, 1999, granting the defendant’s motion for summary judgment, dismissed the complaint. The plaintiff’s notice of appeal from the order is deemed to be a notice of appeal from the judgment (see, CPLR 5512 [a]).

Ordered that the judgment is reversed, on the law, with costs, the order is vacated, and the motion is denied.

The Supreme Court erred in granting the…