Bernstein v. Metropolitan Life Insurance
New York Supreme Court
1Opinion of the CourtGillette, J.
This is an application for an order of this court requiring the plaintiff to permit the body of her husband, Charles K. Bernstein, to be exhumed and to permit the defendant an opportunity to examine the body of the insured, Charles K. Bernstein, and to make an autopsy upon the same.
The law throws around the bodies of deceased human beings a protection even in their graves. The right of Christian sepul*517ture includes the right to have one’s remains respected in his or her last resting place. Many circumstances arise from time to time necessitating a disturbance of the repose of the dead, but it…
2Cases cited4 opinions
- Wehle v. United States Mutual Accident Ass'nNew York Court of Appeals · 1897
- Root v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Danahy v. KelloggNew York Supreme Court · 1910
- Wehle v. United States Mutual Accident Ass'nThe Superior Court of New York City · 1895
3Cited by2 opinions
- Holmes v. City of New YorkNew York Supreme Court · 1943
- Saperstein v. Commercial Travelers Mutual Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1973