Legal Opinion
O'Shaughnessy v. John J. Barrett, Inc.
New York Supreme Court
Decided February 5, 1946PublishedCited by 5 opinions
1Opinion of the Court
Várente, J.
The action is for damages against undertakers for burial of a stranger in a .cemetery plot. The motion tests the sufficiency of affirmative defenses. The first, relating to dissolution of the corporate defendant, is.concededly insufficient as a defense. The second raises the three-year Statute of Limitations (Civ. Prac. Act, § 49, subd. 7), applicable since the injury complained of is one to property (Landis v. Lebanon Cemetery Assn. of Queens, N. Y. L. J., Oct. 4, 1934, p. 1089, col. 3; Jackson on Law of Cadavers, p. 170).. The wrongful burial took place in 1939 but, as the…
2Cases cited6 opinions
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Society Milion Athena, Inc. v. National Bank of GreeceNew York Court of Appeals · 1939
- Hunt v. HuntNew York Supreme Court · 1934
- Hunt v. HuntAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Estate of RosenNew York Surrogate's Court · 1940
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Augeri v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1996
- Oneida County Mobile Home Sales, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- Costa v. PrattNew York Supreme Court · 1949
- Mele v. RyderNew York Supreme Court · 1959
- In re the Construction of the Will of PaschkesNew York Surrogate's Court · 1956