Legal Opinion

Rotholz v. City of New York

New York Supreme Court

Decided March 26, 1992PublishedCited by 4 opinions

1Opinion of the Court

*614OPINION OF THE COURT

Alice Schlesinger, J.

This is an action for damages based on the claim that defendants performed an autopsy on Edith Rotholz over the objection of her brother, plaintiff Fred Rotholz.

On December 22, 1989 Edith Rotholz was injured when she was hit by a truck making a right turn. Ms. Rotholz was taken to Lenox Hill Hospital. Four days later, on December 26, 1989 at 10:35 a.m., Ms. Rotholz passed away.

Ms. Rotholz and her family are Orthodox Jews. Their religious beliefs prohibit the desecration of a body after death. Fred Rotholz, when asked by a physician for permission to…

2Cases cited8 opinions

  1. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
  2. Hedeman v. Fairbanks, Morse & Co.New York Court of Appeals · 1941
  3. Garcia v. Herald Tribune Fresh Air Fund, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Merkel v. LazardAppellate Division of the Supreme Court of the State of New York · 1906
  5. Lilienthal v. German American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bambrick v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1993
  2. Juseinoski v. New York Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
  3. Harris-Cunningham v. Medical ExaminerAppellate Division of the Supreme Court of the State of New York · 1999
  4. Schwartz v. StateNew York Court of Claims · 1994

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