Fink v. Grobart

In an action to recover damages for tortious infliction of emotional distress and for a judgment directing the defendant to remove a grave marker and replace it with a grave marker of the plaintiff’s choosing, the defendant appeals, and the *956intervenor Caren Stanley, the daughter of the deceased Carl Levine, separately appeals, from an order of the Supreme Court, Suffolk County (Molia, J.), dated August 11, 2008, which denied their respective motions for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with one bill of costs, and the motions for summary…