Legal Opinion

Cercelli v. Wein

Civil Court of the City of New York

Decided July 21, 1969PublishedCited by 8 opinions

1Opinion of the CourtLeonard Leigh Finz, J.

The sole question before this court is whether or not the complaint sets forth a cause of action for mental anguish. The facts are rather unique and follow in brief narrative.

Plaintiffs are the next of kin of the decedent, who was a registered guest at defendants’ hotel. It appears that on September 16, 1962, the decedent died in his room of said defendant hotel from natural causes. One of the plaintiffs, the widow of the decedent, kept telephoning the hotel on the 16th and 17th of September and had asked them to check on the decedent’s room, but this they apparently failed to do. His death,…

2Cases cited6 opinions

  1. De Wolf v. . FordNew York Court of Appeals · 1908
  2. Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
  3. Klumbach v. Silver Mount Cemetery Ass'nAppellate Division of the Supreme Court of the State of New York · 1934
  4. Diebler v. American Radiator & Standard Sanitary Corp.New York Supreme Court · 1949
  5. Gratton v. Baldwinsville AcademyNew York Supreme Court · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Christensen v. Superior CourtCalifornia Supreme Court · 1991
  2. Colavito v. New York Organ Donor Network, Inc.District Court, E.D. New York · 2005
  3. Correa v. Maimonides Medical CenterNew York Supreme Court · 1995
  4. Rotondo v. ReevesNew York Supreme Court · 1992
  5. Christensen v. Superior CourtCalifornia Supreme Court · 1991

3 more not listed; retrieve them via the Exa API.

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