Opinion
02-02-2017
Frances MARTINEZ, Plaintiff–Appellant, v. The JEWISH HOME AND HOSPITAL, et al., Defendants–Respondents, Bronx Public Administrator, et al., Defendants.
C. Robinson & Associates, LLC, New York (W. Charles Robinson of counsel), for appellant. Carroll McNulty & Kull LLC, New York (Frank J. Wenick of counsel), for respondents.
C. Robinson & Associates, LLC, New York (W. Charles Robinson of counsel), for appellant.
Carroll McNulty & Kull LLC, New York (Frank J. Wenick of counsel), for respondents.
Order, Supreme Court, New York County (James E. d'Auguste, J.), entered September 9, 2015, which granted the motion of defendants the Jewish Home and Hospital and Montefiore Medical Center for summary judgment dismissing the complaint as against them, and denied plaintiff's cross motion for summary judgment as to liability against the moving defendants, unanimously affirmed, without costs.
Plaintiff failed to establish a violation of her right of sepulcher. As plaintiff concedes, the moving defendants promptly informed her of the decedent's death, and made contact with her several times about retrieving his corpse, but she simply failed to do so (see Melfi v. Mount Sinai Hosp., 64 A.D.3d 26, 31, 877 N.Y.S.2d 300 [1st Dept.2009] ).
We have considered plaintiff's remaining contentions and find them unavailing.
SWEENY, J.P., ACOSTA, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.