DiGicomo v. St. Joseph's Hospital & Health Center

Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated by Supreme Court (Hurlbutt, J.). We add only that plaintiff’s claim that her husband may have died while being attended by defendant’s staff, raised for the first time in the affirmation and brief submitted in opposition to the defendant’s motion for summary judgment, is belied by paragraph 22 of plaintiff’s verified bill of particulars. Moreover, where an action for the mishandling of a corpse has been permitted, there has been a specific demand for possession of or access to the dead person (Finley v Atlantic…