Legal Opinion
Brijlall v. R.G. Ortiz Funeral Home, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2004PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered November 20, 2003, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the first, second and fourth causes of action in the complaint, unanimously affirmed, without costs.
Giving plaintiffs the benefit of every possible favorable inference (Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we conclude that the complaint stated causes of action for negligence and negligent infliction of emotional distress in interfering with the burial of plaintiffs’ decedent’s body (see Massaro v O’Shea…
2Cases cited3 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Massaro v. Charles J. O'Shea Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Augeri v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- BEVILLE, DOLORES A. v. OLEAN GENERAL HOSPITALAppellate Division of the Supreme Court of the State of New York · 2015
- Beville v. Olean General HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- Beville v. Olean General HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- Watkins v. Harlem Center for Nursing and Rehabilitation, LLCDistrict Court, S.D. New York · 2021