Opinion
Submitted March 29, 2000.
July 3, 2000.
In an action to recover damages for the mishandling of a corpse, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Winslow, J.), entered June 11, 1999, which, upon an order of the same court entered May 5, 1999, granting the defendant's motion for summary judgment, dismissed the complaint. The plaintiff's notice of appeal from the order is deemed to be a notice of appeal from the judgment (see, CPLR 5512[a]).
Irving Singer, P.C., Hempstead, N.Y., for appellant.
Furey Furey, P.C., Hempstead, N.Y. (Susan Darlington of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, with costs, the order is vacated, and the motion is denied.
The Supreme Court erred in granting the defendant's motion for summary judgment. The defendant did not establish its entitlement to judgment as a matter of law, as it failed to offer "strong and satisfactory" proof that the deceased's first wife was still alive at the time of his marriage to the plaintiff (Matter of Estate of Brown, 40 N.Y.2d 938, 939; see, Matter of Seidel v. Crown Indus., 132 A.D.2d 729; see, Matter of Meltzer v. McAnns Bar Grill, 85 A.D.2d 826). Thus, questions of fact exist as to whether the plaintiff was the deceased's next of kin.