Lipiner v. Plaza Jewish Community Chapel

OPINION OF THE COURT

Arlene P. Bluth, J.

Where a human being wishes to be buried is a deeply personal, and often spiritual, decision. Whatever the motivation for that particular location, a decedent’s survivors must strive, to the extent practicable, to fulfill the decedent’s wishes. Ultimately, the wishes of the deceased must prevail over the survivors’ own preferences.

This proceeding asks this court to determine if there are good and substantial reasons for moving Ms. Frieda Leszkowitz’s final resting place from Queens, New York to Jerusalem, Israel. The court must offer its opinion because…