Opinion
12267 Index No. 20788/10 Case No. 2019-3981
11-05-2020
Maurice WILLIAMS et al., Plaintiffs-Respondents, v. The CITY OF NEW YORK, et al., Defendants-Appellants.
James E. Johnson, Corporation Counsel, New York (Eric Lee of counsel), for appellants. Kahn Gordon Timko & Rodriques, P.C., New York (Nicholas I. Timko of counsel), for respondents.
James E. Johnson, Corporation Counsel, New York (Eric Lee of counsel), for appellants.
Kahn Gordon Timko & Rodriques, P.C., New York (Nicholas I. Timko of counsel), for respondents.
Gische, J.P., Webber, Gonza´lez, Scarpulla, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J), entered on or about March 21, 2019, which, to the extent appealed from, denied the motion by defendants the City of New York, New York City Police Department, and Office of the Chief Medical Examiner (collectively, the City) for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Contrary to the City's contention, it owed plaintiffs a special duty to inform them of decedent's death (see Rugova v. City of New York, 132 A.D.3d 220, 230–231, 16 N.Y.S.3d 233 [1st Dept. 2015] ). Moreover, under the circumstances of this case, a triable issue of fact exists as to whether the City had documents identifying decedent's next of kin so that its failure to notify family members of his death before disposing of his remains was ministerial, rather than discretionary as the City claims, thus giving rise to a viable action for loss of sepulcher (see Rugova, supra ; Tinney v. City of New York, 94 A.D.3d 417, 941 N.Y.S.2d 571 [1st Dept. 2012] ). Accordingly, the City's motion for summary judgment was properly denied.