Legal Opinion
Drever v. State
New York Court of Claims
Decided March 14, 2014No. Claim No. 118931PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Judith A. Hard, J.
Defendant moves this court for an order pursuant to CPLR 3212 for summary judgment dismissing the claim on the basis that it has no merit.1 Claimant cross-moves for an order pursu*227ant to CPLR 3212 for summary judgment in favor of claimant on the issue of liability. For the reasons set forth below, the court partially grants and partially denies each party’s motion. The court determines that defendant has violated claimant’s common-law right of sepulcher and is not immune from liability for its actions.
Facts
On August 25, 2009, claimant’s mother, Margaret A.…
2Cases cited37 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
32 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kennedy-McInnis v. Biomedical Tissue Services, Ltd.District Court, W.D. New York · 2016