Legal Opinion

Lott v. State

New York Court of Claims

Decided February 21, 1962No. Claim No. 35463; Claim No. 35488PublishedCited by 27 opinions

1Opinion of the CourtMelvin H. Osterman, J.

On January 18, 1958, Mrs. Rose Lott and Mrs. Mary Tumminelli, patients at Brooklyn State Hospital, died at about the same hour. Both bodies were taken to a shower room, washed and covered with shrouds and an attendant thereafter attached a tag to each body bearing the name of the deceased. Both families were notified and were asked to have their undertakers call for the bodies.

On January 19, 1958, the undertaker for the Lott family arrived at the hospital mortuary and was given the body tagged with the name of Rose Lott. On the same day, the undertaker for the Tumminelli family received the…

2Cases cited12 opinions

  1. Larson v. ChaseSupreme Court of Minnesota · 1891
  2. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
  3. Gostkowski v. Roman Catholic Church of Sacred Hearts of Jesus & MaryNew York Court of Appeals · 1933
  4. Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
  5. Gatzow v. BueningWisconsin Supreme Court · 1900

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3Cited by27 opinions

  1. Allen v. JonesCalifornia Court of Appeal · 1980
  2. Melfi v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
  3. Massaro v. Charles J. O'Shea Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Kohn v. United StatesDistrict Court, E.D. New York · 1984
  5. District of Columbia v. SmithDistrict of Columbia Court of Appeals · 1981

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