Summary
In Crispo v. St. Mary's Cemetery Ass'n, Inc., 258 App. Div. 1020, 17 N.Y.S.2d 70 (Sup.Ct. 1940) the plaintiff sought an order to open and inspect five graves of his family contending that the cemetery had scattered the remains of one of his children.
Summary of this case from Matter of DufourOpinion
January 24, 1940.
Appeal from Supreme Court.
The action is brought to recover damages for the alleged wrongful acts of defendant in scattering the remains of one of plaintiff's deceased children in the process of preparing a new grave for another burial. In the complaint there is a positive allegation that defendant perpetrated the alleged wrongful act and hence it is unnecessary to open the graves in order for plaintiff to establish a prima facie cause of action. Order reversed, on the law and facts, without costs, and motion denied, without costs. Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.